RULES ILLINOISOF GOVERNMENTAL REGISTER AGENCIES

Index Department Administrative Code Division 111 E. Monroe St. Springfield, IL 62756 217-782-7017 www.cyberdriveillinois.com

Printed on recycled paper

PUBLISHED BY JESSE WHITE • SECRETARY OF STATE TABLE OF CONTENTS

October 18, 2013 Volume 37, Issue 42

PROPOSED RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF Pay Plan 80 Ill. Adm. Code 310...... 16048 COMMERCE AND ECONOMIC OPPORTUNITY, DEPARTMENT OF Enterprise Zone and High Impact Business Programs 14 Ill. Adm. Code 520...... 16171 River Edge Redevelopment Zone Program 14 Ill. Adm. Code 524...... 16237 EMERGENCY MANAGEMENT AGENCY, ILLINOIS Use of X-Rays in the Healing Arts Including Medical, Dental, Podiatry, and Veterinary Medicine 32 Ill. Adm. Code 360...... 16246 HUMAN SERVICES, DEPARTMENT OF General Administrative Provisions 89 Ill. Adm. Code 10...... 16300 Supplemental Nutrition Assistance Program (SNAP) 89 Ill. Adm. Code 121...... 16302 PUBLIC HEALTH, DEPARTMENT OF Physical Fitness Facility Medical Emergency Preparedness Code 77 Ill. Adm. Code 527...... 16304 STATE BOARD OF INVESTMENT, ILLINOIS Rules and Regulations of the Board 74 Ill. Adm. Code 800...... 16310 VETERANS' AFFAIRS, DEPARTMENT OF Rules Governing Educational Opportunities of Children of Deceased Veterans (Repealer) 95 Ill. Adm. Code 101...... 16325 Rules Governing Educational Opportunities of Children of Deceased Veterans (New Part) 95 Ill. Adm. Code 101...... 16332 Payment of Vietnam Veterans Compensation Act (Repealer) 95 Ill. Adm. Code 104...... 16339 Viet Nam Veterans Compensation (New Part) 95 Ill. Adm. Code 104...... 16350 Veterans' Scratch-Off Lottery Grant Program 95 Ill. Adm. Code 125...... 16359 ADOPTED RULES FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF Interior Design Profession Title Act 68 Ill. Adm. Code 1255...... 16364

i The Illinois Landscape Architecture Act of 1989 68 Ill. Adm. Code 1275...... 16378 NATURAL RESOURCES, DEPARTMENT OF Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Rabbit Hunting 17 Ill. Adm. Code 530...... 16394 Sport Fishing Regulations for the Waters of Illinois 17 Ill. Adm. Code 810...... 16426 Abandoned Mined Lands Reclamation 62 Ill. Adm. Code 2501...... 16524 POLLUTION CONTROL BOARD Groundwater Quality 35 Ill. Adm. Code 620...... 16529 PUBLIC HEALTH, DEPARTMENT OF Swimming Facility Code 77 Ill. Adm. Code 820...... 16539 STATE BOARD OF EDUCATION, ILLINOIS Standards for Endorsements in Elementary Education 23 Ill. Adm. Code 20...... 16664 Standards for Endorsements in the Middle Grades 23 Ill. Adm. Code 21...... 16691 Educator Licensure 23 Ill. Adm. Code 25...... 16729 Standards for Endorsements in Early Childhood Education and in Elementary Education 23 Ill. Adm. Code 26...... 16759 Standards for Endorsements in Specific Teaching Fields 23 Ill. Adm. Code 27...... 16764 Special Education 23 Ill. Adm. Code 226...... 16788 Transitional Bilingual Education 23 Ill. Adm. Code 228...... 16803 STATE POLICE, DEPARTMENT OF Electronic Transmission of Fingerprints 20 Ill. Adm. Code 1265...... 16834 EMERGENCY RULES HUMAN SERVICES, DEPARTMENT OF General Administrative Provisions 89 Ill. Adm. Code 10...... 16838 Supplemental Nutrition Assistance Program (SNAP) 89 Ill. Adm. Code 121...... 16845 NOTICE OF EXPEDITED CORRECTION POLLUTION CONTROL BOARD Organic Material Emission Standards and Limitations 35 Ill. Adm. Code 215...... 16858

ii JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA JOINT COMMITTEE ON ADMINISTRATIVE RULES October Agenda...... 16868 SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices Received...... 16877 EXECUTIVE ORDERS AND PROCLAMATIONS PROCLAMATIONS Fritz Pollard Day 2013-355...... 16881 Great River Road National Scenic Byway Day 2013-356...... 16881 Hector Santiago Day 2013-357...... 16882 Illinois Flag Display Act Sergeant 1st Class Baker 2013-358...... 16883 Male Breast Cancer Awareness Week 2013-359...... 16884 Disability Employment Awareness Month 2013-360...... 16885 Illinois Flag Display Act Major James Sizemore 2013-361...... 16886 Central American Independence Day 2013-362...... 16887 Curtis Mayfield Day 2013-363...... 16888 Net Cancer Awareness Day 2013-364...... 16889 Thyroid Cancer Awareness Month 2013-365...... 16890 Childhood Lead Poisoning Prevention Week 2013-366...... 16891 Diversity Employment Day 2013-367...... 16892 Careers in Energy Week 2013-368...... 16893 Carmen Velasquez Day 2013-369...... 16894 Illinois Flag Display Act Staff Sergeant Lane 2013-370...... 16895 Swami Vivekananda Day 2013-371...... 16896 German-American Day 2013-372...... 16897 Paul Konerko Day

iii 2013-373...... 16898 First Responder Appreciation Day 2013-374...... 16899

iv INTRODUCTION

The Illinois Register is the official state document for publishing public notice of rulemaking activity initiated by State governmental agencies. The table of contents is arranged categorically by rulemaking activity and alphabetically by agency within each category.

Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and Proclamations issued by the Governor; notices of public information required by State Statute; and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors the rulemaking activities of State Agencies; is also published in the Register.

The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules adopted by State agencies). The most recent edition of the Code, along with the Register, comprise the most current accounting of State agencies’ rulemakings.

The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois Administrative Procedure Act [5 ILCS 100/1-1, et seq.].

ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2013 Issue# Rules Due Date Date of Issue 1 December 26, 2012 January 4, 2013 2 December 31, 2012 January 11, 2013 3 January 7, 2013 January 18, 2013 4 January 14, 2013 January 25, 2013 5 January 22, 2013 February 1, 2013 6 January 28, 2013 February 8, 2013 7 February 4, 2013 February 15, 2013 8 February 11, 2013 February 22, 2013 9 February 19, 2013 March 1, 2013 10 February 25, 2013 March 8, 2013 11 March 4, 2013 March 15, 2013 12 March 11, 2013 March 22, 2013 13 March 18, 2013 March 29, 2013 14 March 25, 2013 April 5, 2013 15 April 1, 2013 April 12, 2013 16 April 8, 2013 April 19, 2013 17 April 15, 2013 April 26, 2013 18 April 22, 2013 May 3, 2013 19 April 29, 2013 May 10, 2013 20 May 6, 2013 May 17, 2013 v 21 May 13, 2013 May 24, 2013 22 May 20, 2013 May 31, 2013 23 May 28, 2013 June 7, 2013 24 June 3, 2013 June 14, 2013 25 June 10, 2013 June 21, 2013 26 June 17, 2013 June 28, 2013 27 June 24, 2013 July 5, 2013 28 July 1, 2013 July 12, 2013 29 July 8, 2013 July 19, 2013 30 July 15, 2013 July 26, 2013 31 July 22, 2013 August 2, 2013 32 July 29, 2013 August 9, 2013 33 August 5, 2013 August 16, 2013 34 August 12, 2013 August 23, 2013 35 August 19, 2013 August 30, 2013 36 August 26, 2013 September 6, 2013 37 September 3, 2013 September 13, 2013 38 September 9, 2013 September 20, 2013 39 September 16, 2013 September 27, 2013 40 September 23, 2013 October 4, 2013 41 September 30, 2013 October 11, 2013 42 October 7, 2013 October 18, 2013 43 October 15, 2013 October 25, 2013 44 October 21, 2013 November 1, 2013 45 October 28, 2013 November 8, 2013 46 November 4, 2013 November 15, 2013 47 November 12, 2013 November 22, 2013 48 November 18, 2013 December 2, 2013 49 November 25, 2013 December 6, 2013 50 December 2, 2013 December 13, 2013 51 December 9, 2013 December 20, 2013 52 December 16, 2013 December 27, 2013

Secretary of State Index Department is providing this opportunity to remind you that the next filing period for your Regulatory Agenda will occur from October 15, 2013 to January 2, 2014.

vi ILLINOIS REGISTER 16048 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Pay Plan

2) Code Citation: 80 Ill. Adm. Code 310

3) Section Numbers: Proposed Action: 310.47 Amendment 310.80 Amendment 310.220 Amendment 310.410 Amendment 310.415 Amendment 310.490 Amendment 310.495 Amendment 310.500 Amendment 310.APPENDIX A TABLE E Amendment 310.APPENDIX A TABLE F Amendment 310.APPENDIX A TABLE G Amendment 310.APPENDIX A TABLE Q Amendment

4) Statutory Authority: Authorized by Sections 8 and 8a of the Personnel Code [20 ILCS 415/8 and 20 ILCS 415/8a]

5) A Complete Description of the Subjects and Issues Involved: In Section 310.47, in-hire rates are lowered to Step 1 for the titles Meat and Poultry Inspector Trainee, Correctional Officer, Correctional Officer Trainee and Forensic Scientist Trainee. In-hire rates are eliminated for the titles Accounting and Fiscal Administration Trainee, Actuarial Examiner Trainee, Civil Engineer I, Financial Institutions Examiner Trainee, Insurance Company Financial Examiner Trainee, Revenue Special Agent Trainee, Terrorism Research Specialist Trainee, Clinical Psychology Associate, Revenue Auditor Trainee and Security Therapy Aid Trainee. To subsection (1) (B), the in-hire rates for the HR- 001, RC-019, RC-020 and RC-045 are referenced and/or rearranged.

In Section 310.80 subsection (a) (1), (2) and (3), references to suspending satisfactory performance increases are removed.

In Section 310.220 and subsection (b), the merit compensation system out-of-state rates reference is removed. In subsection (e), the frozen rate reference is removed.

In Section 310.410, remove the abolished title Fire Certification Specialist I and add the new titles Fire Certification Specialist I, Fire Certification Specialist II and Fire

ILLINOIS REGISTER 16049 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Certification Specialist Supervisor and their assigned MS-salary ranges. The titles were abolished or established effective July 1, 2013 as approved by the Civil Service Commission.

In Sections 310.415(b), 490 (b) (1) and 495 (b) (1), the phrase "in-hiring" is changed to "in-hire." Also in Section 310.490, subsection (g) out-of-state assignment is removed and the remaining subsections renumbered.

In Section 310.500, the definition of "in-hire rate" is added.

In Section 310.Appendix A Table E, the rate tables are reformatted and include all the titles' new hire rates needed for newly hired employees and promotions. Correct the Note.

In Section 310.Appendix A Table F, the rate tables are reformatted.

In Section 310.Appendix A Table G, the rate tables are reformatted.

Section 310.Appendix A Table Q reflects the Agreement by and between the Illinois Federation of Public Employees Local 4408, AFT/AFL-CIO and the Department of Central Management Services State of Illinois for RC-033 July 1, 2012 through June 30, 2015 signed July 8, 2013. Steps 1a, 1b and 1c shall be implemented for all employees hired on or after May 1, 2013 with a 3% step differential. Effective July 1, 2013 and 2014, the monthly pay rates shall be increased by 2% for each classification. Effective July 1, 2013, the Step 8 rate shall be increased by $75 per month for those employees who attain ten years of continuous service and have three or more years of creditable service on Step 8 of the same pay grade. For those employees who attain fifteen years of continuous service and have three or more years of creditable service on the same pay grade, the Step 8 rate shall be increased by $100 per month.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None other than the agreement and Classification Plan Review Proposal/Change Report (CMS-112) for the Fire Certification Specialist title approved to be abolished and the Fire Certification Specialist I, Fire Certification Specialist II, Fire Certification Specialist Supervisor titles approved to be established by the Civil Service Commission effective July 1, 2013 referred to in response to (5).

7) Will this proposed rulemaking replace an emergency rulemaking currently in effect? No

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NOTICE OF PROPOSED AMENDMENTS

8) Does this rulemaking contain an automatic repeal date? No

9) Does this proposed rulemaking contain incorporations by reference? No

10) Are there any other proposed rulemakings pending on this Part? Yes

Section Numbers: Proposed Action: Illinois Register Citation: 310.50 Amendment 37 Ill. Reg. 10740, July 19, 2013 310.280 Amendment 37 Ill. Reg. 10740, July 19, 2013 310.495 Amendment 37 Ill. Reg. 10740, July 19, 2013 310.600 Repealed 37 Ill. Reg. 10740, July 19, 2013 310.610 Repealed 37 Ill. Reg. 10740, July 19, 2013 310.620 Repealed 37 Ill. Reg. 10740, July 19, 2013 310.630 Repealed 37 Ill. Reg. 10740, July 19, 2013 310.640 Repealed 37 Ill. Reg. 10740, July 19, 2013 310.650 Repealed 37 Ill. Reg. 10740, July 19, 2013 310.660 Repealed 37 Ill. Reg. 10740, July 19, 2013 310.670 Repealed 37 Ill. Reg. 10740, July 19, 2013 310.680 Repealed 37 Ill. Reg. 10740, July 19, 2013 310.690 Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix A Table A Amendment 37 Ill. Reg. 10740, July 19, 2013 310.Appendix A Table W Amendment 37 Ill. Reg. 10740, July 19, 2013 310.Appendix A Table Y Amendment 37 Ill. Reg. 10740, July 19, 2013 310.Appendix A Table AA Amendment 37 Ill. Reg. 10740, July 19, 2013 310.Appendix A Table AD Amendment 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table A Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table C Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table H Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table I Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table J Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table K Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table M Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table N Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table O Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table P Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table R Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table S Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table T Repealed 37 Ill. Reg. 10740, July 19, 2013

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NOTICE OF PROPOSED AMENDMENTS

310.Appendix B Table V Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table W Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table X Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table Y Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table Z Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table AB Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table AD Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix B Table AE Repealed 37 Ill. Reg. 10740, July 19, 2013 310.Appendix D Amendment 37 Ill. Reg. 10740, July 19, 2013 310.Appendix G Amendment 37 Ill. Reg. 10740, July 19, 2013

11) Statement of Statewide Policy Objectives: This rulemaking to the Pay Plan affects only the employees subject to the Personnel Code and do not set out any guidelines that affect local or other jurisdictions in the State.

12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking:

Mr. Jason Doggett Manager Compensation Section Division of Technical Services and Agency Training and Development Bureau of Personnel Department of Central Management Services 504 William G. Stratton Building Springfield, IL 62706

Phone: 217/782-7964 Fax: 217/524-4570 [email protected]

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

ILLINOIS REGISTER 16052 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

14) Regulatory Agenda on which this rulemaking was summarized: The changes to Section 310.410 were in the July 2012 regulatory agenda. Other changes were not in the last two regulatory agendas.

The full text of the Proposed Amendments begins on the next page:

ILLINOIS REGISTER 16053 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND POSITION CLASSIFICATIONS CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

PART 310 PAY PLAN

SUBPART A: NARRATIVE

Section 310.20 Policy and Responsibilities 310.30 Jurisdiction 310.40 Pay Schedules 310.45 Comparison of Pay Grades or Salary Ranges Assigned to Classifications 310.47 In-Hire Rate 310.50 Definitions 310.60 Conversion of Base Salary to Pay Period Units 310.70 Conversion of Base Salary to Daily or Hourly Equivalents 310.80 Increases in Pay 310.90 Decreases in Pay 310.100 Other Pay Provisions 310.110 Implementation of Pay Plan Changes (Repealed) 310.120 Interpretation and Application of Pay Plan 310.130 Effective Date 310.140 Reinstitution of Within Grade Salary Increases (Repealed) 310.150 Fiscal Year 1985 Pay Changes in Schedule of Salary Grades, effective July 1, 1984 (Repealed)

SUBPART B: SCHEDULE OF RATES

Section 310.205 Introduction 310.210 Prevailing Rate 310.220 Negotiated Rate 310.230 Part-Time Daily or Hourly Special Services Rate (Repealed) 310.240 Daily or Hourly Rate Conversion 310.250 Member, Patient and Inmate Rate 310.260 Trainee Rate

ILLINOIS REGISTER 16054 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

310.270 Legislated Rate 310.280 Designated Rate 310.290 Out-of-State Rate (Repealed) 310.295 Foreign Service Rate (Repealed) 310.300 Educator Schedule for RC-063 and HR-010 310.310 Physician Specialist Rate 310.320 Annual Compensation Ranges for Executive Director and Assistant Executive Director, State Board of Elections (Repealed) 310.330 Excluded Classes Rate (Repealed)

SUBPART C: MERIT COMPENSATION SYSTEM

Section 310.410 Jurisdiction 310.415 Merit Compensation Salary Range Assignments 310.420 Objectives 310.430 Responsibilities 310.440 Merit Compensation Salary Schedule 310.450 Procedures for Determining Annual Merit Increases and Bonuses 310.455 Intermittent Merit Increase (Repealed) 310.456 Merit Zone (Repealed) 310.460 Other Pay Increases 310.470 Adjustment 310.480 Decreases in Pay 310.490 Other Pay Provisions 310.495 Broad-Band Pay Range Classes 310.500 Definitions 310.510 Conversion of Base Salary to Pay Period Units (Repealed) 310.520 Conversion of Base Salary to Daily or Hourly Equivalents 310.530 Implementation 310.540 Annual Merit Increase and Bonus Guidechart 310.550 Fiscal Year 1985 Pay Changes in Merit Compensation System, effective July 1, 1984 (Repealed)

SUBPART D: FROZEN NEGOTIATED-RATES-OF-PAY DUE TO FISCAL YEAR APPROPRIATIONS AND EXPIRED SALARY SCHEDULES IN COLLECTIVE BARGAINING UNIT AGREEMENTS

Section

ILLINOIS REGISTER 16055 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

310.600 Jurisdiction 310.610 Pay Schedules 310.620 In-Hiring Rate 310.630 Definitions 310.640 Increases in Pay 310.650 Other Pay Provisions 310.660 Effective Date 310.670 Negotiated Rate 310.680 Trainee Rate 310.690 Educator Schedule for Frozen RC-063 and Frozen HR-010

310.APPENDIX A Negotiated Rates of Pay 310.TABLE A RC-104 (Conservation Police Supervisors, Laborers' – ISEA Local #2002) 310.TABLE B VR-706 (Assistant Automotive Shop Supervisors, Automotive Shop Supervisors and Meat and Poultry Inspector Supervisors, Laborers' − ISEA Local #2002) 310.TABLE C RC-056 (Site Superintendents and Departments of Veterans' Affairs, Natural Resources, Human Services and Agriculture and Historic Preservation Agency Managers, IFPE) 310.TABLE D HR-001 (Teamsters Local #700) 310.TABLE E RC-020 (Teamsters Local #330) 310.TABLE F RC-019 (Teamsters Local #25) 310.TABLE G RC-045 (Automotive Mechanics, IFPE) 310.TABLE H RC-006 (Corrections Employees, AFSCME) 310.TABLE I RC-009 (Institutional Employees, AFSCME) 310.TABLE J RC-014 (Clerical Employees, AFSCME) 310.TABLE K RC-023 (Registered Nurses, INA) 310.TABLE L RC-008 (Boilermakers) 310.TABLE M RC-110 (Conservation Police Lodge) 310.TABLE N RC-010 (Professional Legal Unit, AFSCME) 310.TABLE O RC-028 (Paraprofessional Human Services Employees, AFSCME) 310.TABLE P RC-029 (Paraprofessional Investigatory and Law Enforcement Employees, IFPE) 310.TABLE Q RC-033 (Meat Inspectors, IFPE) 310.TABLE R RC-042 (Residual Maintenance Workers, AFSCME) 310.TABLE S VR-704 (Departments of Corrections, Financial and Professional Regulation, Juvenile Justice and State Police Supervisors, Laborers' – ISEA Local #2002)

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NOTICE OF PROPOSED AMENDMENTS

310.TABLE T HR-010 (Teachers of Deaf, IFT) 310.TABLE U HR-010 (Teachers of Deaf, Extracurricular Paid Activities) 310.TABLE V CU-500 (Corrections Meet and Confer Employees) 310.TABLE W RC-062 (Technical Employees, AFSCME) 310.TABLE X RC-063 (Professional Employees, AFSCME) 310.TABLE Y RC-063 (Educators and Educator Trainees, AFSCME) 310.TABLE Z RC-063 (Physicians, AFSCME) 310.TABLE AA NR-916 (Departments of Central Management Services, Natural Resources and Transportation, Teamsters) 310.TABLE AB RC-150 (Public Service Administrators Option 6, AFSCME) (Repealed) 310.TABLE AC RC-036 (Public Service Administrators Option 8L Department of Healthcare and Family Services, INA) 310.TABLE AD RC-184 (Public Service Administrators Option 8X Department of Natural Resources, SEIU Local 73) 310.TABLE AE RC-090 (Internal Security Investigators, Metropolitan Alliance of Police Chapter 294) 310.APPENDIX B Frozen Negotiated-Rates-of-Pay 310.TABLE A Frozen RC-104-Rates-of-Pay (Conservation Police Supervisors, Laborers' – ISEA Local #2002) 310.TABLE C Frozen RC-056-Rates-of-Pay (Site Superintendents and Departments of Veterans' Affairs, Natural Resources, Human Services and Agriculture and Historic Preservation Agency Managers, IFPE) 310.TABLE H Frozen RC-006-Rates-of-Pay (Corrections Employees, AFSCME) 310.TABLE I Frozen RC-009-Rates-of-Pay (Institutional Employees, AFSCME) 310.TABLE J Frozen RC-014-Rates-of-Pay (Clerical Employees, AFSCME) 310.TABLE K Frozen RC-023-Rates-of-Pay (Registered Nurses, INA) 310.TABLE M Frozen RC-110-Rates-of-Pay (Conservation Police Lodge) 310.TABLE N Frozen RC-010 (Professional Legal Unit, AFSCME) 310.TABLE O Frozen RC-028-Rates-of-Pay (Paraprofessional Human Services Employees, AFSCME) 310.TABLE P Frozen RC-029-Rates-of-Pay (Paraprofessional Investigatory and Law Enforcement Employees, IFPE) 310.TABLE R Frozen RC-042-Rates-of-Pay (Residual Maintenance Workers, AFSCME) 310.TABLE S Frozen VR-704-Rates-of-Pay (Departments of Corrections, Financial and Professional Regulation, Juvenile Justice and State Police Supervisors, Laborers' – ISEA Local #2002)

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NOTICE OF PROPOSED AMENDMENTS

310.TABLE T Frozen HR-010-Rates-of-Pay (Teachers of Deaf, IFT) 310.TABLE V Frozen CU-500-Rates-of-Pay (Corrections Meet and Confer Employees) 310.TABLE W Frozen RC-062-Rates-of-Pay (Technical Employees, AFSCME) 310.TABLE X Frozen RC-063-Rates-of-Pay (Professional Employees, AFSCME) 310.TABLE Y Frozen RC-063-Rates-of-Pay (Educators and Educator Trainees, AFSCME) 310.TABLE Z Frozen RC-063-Rates-of-Pay (Physicians, AFSCME) 310.TABLE AB Frozen RC-150-Rates-of-Pay (Public Service Administrators Option 6, AFSCME) (Repealed) 310.TABLE AD Frozen RC-184-Rates-of-Pay (Public Service Administrators Option 8X Department of Natural Resources, SEIU Local 73) 310.TABLE AE Frozen RC-090-Rates-of-Pay (Internal Security Investigators, Metropolitan Alliance of Police Chapter 294) 310.APPENDIX C Comparison of Pay Grades or Salary Ranges Assigned to Classifications 310.ILLUSTRATION A Classification Comparison Flow Chart: Both Classes are Whole 310.ILLUSTRATION B Classification Comparison Flow Chart: One Class is Whole and One is Divided 310.ILLUSTRATION C Classification Comparison Flow Chart: Both Classes are Divided 310.APPENDIX D Merit Compensation System Salary Schedule 310.APPENDIX E Teaching Salary Schedule (Repealed) 310.APPENDIX F Physician and Physician Specialist Salary Schedule (Repealed) 310.APPENDIX G Broad-Band Pay Range Classes Salary Schedule

AUTHORITY: Implementing and authorized by Sections 8 and 8a of the Personnel Code [20 ILCS 415/8 and 8a].

SOURCE: Filed June 28, 1967; codified at 8 Ill. Reg. 1558; emergency amendment at 8 Ill. Reg. 1990, effective January 31, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 2440, effective February 15, 1984; emergency amendment at 8 Ill. Reg. 3348, effective March 5, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 4249, effective March 16, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 5704, effective April 16, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 7290, effective May 11, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 11299, effective June 25, 1984; emergency amendment at 8 Ill. Reg. 12616, effective July 1, 1984, for a maximum of 150 days; emergency amendment at 8 Ill. Reg. 15007, effective August 6, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 15367, effective August 13, 1984; emergency amendment at 8 Ill.

ILLINOIS REGISTER 16058 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Reg. 21310, effective October 10, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 21544, effective October 24, 1984; amended at 8 Ill. Reg. 22844, effective November 14, 1984; emergency amendment at 9 Ill. Reg. 1134, effective January 16, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 1320, effective January 23, 1985; amended at 9 Ill. Reg. 3681, effective March 12, 1985; emergency amendment at 9 Ill. Reg. 4163, effective March 15, 1985, for a maximum of 150 days; emergency amendment at 9 Ill. Reg. 9231, effective May 31, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 9420, effective June 7, 1985; amended at 9 Ill. Reg. 10663, effective July 1, 1985; emergency amendment at 9 Ill. Reg. 15043, effective September 24, 1985, for a maximum of 150 days; amended at 10 Ill. Reg. 3230, effective January 24, 1986; peremptory amendment at 10 Ill. Reg. 3325, effective January 22, 1986; emergency amendment at 10 Ill. Reg. 8904, effective May 13, 1986, for a maximum of 150 days; peremptory amendment at 10 Ill. Reg. 8928, effective May 13, 1986; emergency amendment at 10 Ill. Reg. 12090, effective June 30, 1986, for a maximum of 150 days; peremptory amendment at 10 Ill. Reg. 13675, effective July 31, 1986; peremptory amendment at 10 Ill. Reg. 14867, effective August 26, 1986; amended at 10 Ill. Reg. 15567, effective September 17, 1986; emergency amendment at 10 Ill. Reg. 17765, effective September 30, 1986, for a maximum of 150 days; peremptory amendment at 10 Ill. Reg. 19132, effective October 28, 1986; peremptory amendment at 10 Ill. Reg. 21097, effective December 9, 1986; amended at 11 Ill. Reg. 648, effective December 22, 1986; peremptory amendment at 11 Ill. Reg. 3363, effective February 3, 1987; peremptory amendment at 11 Ill. Reg. 4388, effective February 27, 1987; peremptory amendment at 11 Ill. Reg. 6291, effective March 23, 1987; amended at 11 Ill. Reg. 5901, effective March 24, 1987; emergency amendment at 11 Ill. Reg. 8787, effective April 15, 1987, for a maximum of 150 days; emergency amendment at 11 Ill. Reg. 11830, effective July 1, 1987, for a maximum of 150 days; peremptory amendment at 11 Ill. Reg. 13675, effective July 29, 1987; amended at 11 Ill. Reg. 14984, effective August 27, 1987; peremptory amendment at 11 Ill. Reg. 15273, effective September 1, 1987; peremptory amendment at 11 Ill. Reg. 17919, effective October 19, 1987; peremptory amendment at 11 Ill. Reg. 19812, effective November 19, 1987; emergency amendment at 11 Ill. Reg. 20664, effective December 4, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 20778, effective December 11, 1987; peremptory amendment at 12 Ill. Reg. 3811, effective January 27, 1988; peremptory amendment at 12 Ill. Reg. 5459, effective March 3, 1988; amended at 12 Ill. Reg. 6073, effective March 21, 1988; emergency amendment at 12 Ill. Reg. 7734, effective April 15, 1988, for a maximum of 150 days; peremptory amendment at 12 Ill. Reg. 7783, effective April 14, 1988; peremptory amendment at 12 Ill. Reg. 8135, effective April 22, 1988; peremptory amendment at 12 Ill. Reg. 9745, effective May 23, 1988; emergency amendment at 12 Ill. Reg. 11778, effective July 1, 1988, for a maximum of 150 days; emergency amendment at 12 Ill. Reg. 12895, effective July 18, 1988, for a maximum of 150 days; peremptory amendment at 12 Ill. Reg. 13306, effective July 27, 1988; corrected at 12 Ill. Reg. 13359; amended at 12 Ill. Reg. 14630, effective September 6, 1988; amended at 12 Ill. Reg. 20449, effective November 28, 1988; peremptory

ILLINOIS REGISTER 16059 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS amendment at 12 Ill. Reg. 20584, effective November 28, 1988; peremptory amendment at 13 Ill. Reg. 8080, effective May 10, 1989; amended at 13 Ill. Reg. 8849, effective May 30, 1989; peremptory amendment at 13 Ill. Reg. 8970, effective May 26, 1989; emergency amendment at 13 Ill. Reg. 10967, effective June 20, 1989, for a maximum of 150 days; emergency amendment expired November 17, 1989; amended at 13 Ill. Reg. 11451, effective June 28, 1989; emergency amendment at 13 Ill. Reg. 11854, effective July 1, 1989, for a maximum of 150 days; corrected at 13 Ill. Reg. 12647; peremptory amendment at 13 Ill. Reg. 12887, effective July 24, 1989; amended at 13 Ill. Reg. 16950, effective October 20, 1989; amended at 13 Ill. Reg. 19221, effective December 12, 1989; amended at 14 Ill. Reg. 615, effective January 2, 1990; peremptory amendment at 14 Ill. Reg. 1627, effective January 11, 1990; amended at 14 Ill. Reg. 4455, effective March 12, 1990; peremptory amendment at 14 Ill. Reg. 7652, effective May 7, 1990; amended at 14 Ill. Reg. 10002, effective June 11, 1990; emergency amendment at 14 Ill. Reg. 11330, effective June 29, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 14361, effective August 24, 1990; emergency amendment at 14 Ill. Reg. 15570, effective September 11, 1990, for a maximum of 150 days; emergency amendment expired February 8, 1991; corrected at 14 Ill. Reg. 16092; peremptory amendment at 14 Ill. Reg. 17098, effective September 26, 1990; amended at 14 Ill. Reg. 17189, effective October 2, 1990; amended at 14 Ill. Reg. 17189, effective October 19, 1990; amended at 14 Ill. Reg. 18719, effective November 13, 1990; peremptory amendment at 14 Ill. Reg. 18854, effective November 13, 1990; peremptory amendment at 15 Ill. Reg. 663, effective January 7, 1991; amended at 15 Ill. Reg. 3296, effective February 14, 1991; amended at 15 Ill. Reg. 4401, effective March 11, 1991; peremptory amendment at 15 Ill. Reg. 5100, effective March 20, 1991; peremptory amendment at 15 Ill. Reg. 5465, effective April 2, 1991; emergency amendment at 15 Ill. Reg. 10485, effective July 1, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 11080, effective July 19, 1991; amended at 15 Ill. Reg. 13080, effective August 21, 1991; amended at 15 Ill. Reg. 14210, effective September 23, 1991; emergency amendment at 16 Ill. Reg. 711, effective December 26, 1991, for a maximum of 150 days; amended at 16 Ill. Reg. 3450, effective February 20, 1992; peremptory amendment at 16 Ill. Reg. 5068, effective March 11, 1992; peremptory amendment at 16 Ill. Reg. 7056, effective April 20, 1992; emergency amendment at 16 Ill. Reg. 8239, effective May 19, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 8382, effective May 26, 1992; emergency amendment at 16 Ill. Reg. 13950, effective August 19, 1992, for a maximum of 150 days; emergency amendment at 16 Ill. Reg. 14452, effective September 4, 1992, for a maximum of 150 days; amended at 17 Ill. Reg. 238, effective December 23, 1992; peremptory amendment at 17 Ill. Reg. 498, effective December 18, 1992; amended at 17 Ill. Reg. 590, effective January 4, 1993; amended at 17 Ill. Reg. 1819, effective February 2, 1993; amended at 17 Ill. Reg. 6441, effective April 8, 1993; emergency amendment at 17 Ill. Reg. 12900, effective July 22, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 13409, effective July 29, 1993; emergency amendment at 17 Ill. Reg. 13789, effective August 9, 1993, for a maximum of 150 days; emergency amendment at 17 Ill. Reg. 14666, effective August 26,

ILLINOIS REGISTER 16060 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

1993, for a maximum of 150 days; amended at 17 Ill. Reg. 19103, effective October 25, 1993; emergency amendment at 17 Ill. Reg. 21858, effective December 1, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 22514, effective December 15, 1993; amended at 18 Ill. Reg. 227, effective December 17, 1993; amended at 18 Ill. Reg. 1107, effective January 18, 1994; amended at 18 Ill. Reg. 5146, effective March 21, 1994; peremptory amendment at 18 Ill. Reg. 9562, effective June 13, 1994; emergency amendment at 18 Ill. Reg. 11299, effective July 1, 1994, for a maximum of 150 days; peremptory amendment at 18 Ill. Reg. 13476, effective August 17, 1994; emergency amendment at 18 Ill. Reg. 14417, effective September 9, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 16545, effective October 31, 1994; peremptory amendment at 18 Ill. Reg. 16708, effective October 28, 1994; amended at 18 Ill. Reg. 17191, effective November 21, 1994; amended at 19 Ill. Reg. 1024, effective January 24, 1995; peremptory amendment at 19 Ill. Reg. 2481, effective February 17, 1995; peremptory amendment at 19 Ill. Reg. 3073, effective February 17, 1995; amended at 19 Ill. Reg. 3456, effective March 7, 1995; peremptory amendment at 19 Ill. Reg. 5145, effective March 14, 1995; amended at 19 Ill. Reg. 6452, effective May 2, 1995; peremptory amendment at 19 Ill. Reg. 6688, effective May 1, 1995; amended at 19 Ill. Reg. 7841, effective June 1, 1995; amended at 19 Ill. Reg. 8156, effective June 12, 1995; amended at 19 Ill. Reg. 9096, effective June 27, 1995; emergency amendment at 19 Ill. Reg. 11954, effective August 1, 1995, for a maximum of 150 days; peremptory amendment at 19 Ill. Reg. 13979, effective September 19, 1995; peremptory amendment at 19 Ill. Reg. 15103, effective October 12, 1995; amended at 19 Ill. Reg. 16160, effective November 28, 1995; amended at 20 Ill. Reg. 308, effective December 22, 1995; emergency amendment at 20 Ill. Reg. 4060, effective February 27, 1996, for a maximum of 150 days; peremptory amendment at 20 Ill. Reg. 6334, effective April 22, 1996; peremptory amendment at 20 Ill. Reg. 7434, effective May 14, 1996; amended at 20 Ill. Reg. 8301, effective June 11, 1996; amended at 20 Ill. Reg. 8657, effective June 20, 1996; amended at 20 Ill. Reg. 9006, effective June 26, 1996; amended at 20 Ill. Reg. 9925, effective July 10, 1996; emergency amendment at 20 Ill. Reg. 10213, effective July 15, 1996, for a maximum of 150 days; amended at 20 Ill. Reg. 10841, effective August 5, 1996; peremptory amendment at 20 Ill. Reg. 13408, effective September 24, 1996; amended at 20 Ill. Reg. 15018, effective November 7, 1996; peremptory amendment at 20 Ill. Reg. 15092, effective November 7, 1996; emergency amendment at 21 Ill. Reg. 1023, effective January 6, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 1629, effective January 22, 1997; amended at 21 Ill. Reg. 5144, effective April 15, 1997; amended at 21 Ill. Reg. 6444, effective May 15, 1997; amended at 21 Ill. Reg. 7118, effective June 3, 1997; emergency amendment at 21 Ill. Reg. 10061, effective July 21, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 12859, effective September 8, 1997, for a maximum of 150 days; peremptory amendment at 21 Ill. Reg. 14267, effective October 14, 1997; peremptory amendment at 21 Ill. Reg. 14589, effective October 15, 1997; peremptory amendment at 21 Ill. Reg. 15030, effective November 10, 1997; amended at 21 Ill. Reg. 16344, effective December 9, 1997; peremptory amendment at 21 Ill. Reg. 16465, effective December 4, 1997; peremptory

ILLINOIS REGISTER 16061 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS amendment at 21 Ill. Reg. 17167, effective December 9, 1997; peremptory amendment at 22 Ill. Reg. 1593, effective December 22, 1997; amended at 22 Ill. Reg. 2580, effective January 14, 1998; peremptory amendment at 22 Ill. Reg. 4326, effective February 13, 1998; peremptory amendment at 22 Ill. Reg. 5108, effective February 26, 1998; peremptory amendment at 22 Ill. Reg. 5749, effective March 3, 1998; amended at 22 Ill. Reg. 6204, effective March 12, 1998; peremptory amendment at 22 Ill. Reg. 7053, effective April 1, 1998; peremptory amendment at 22 Ill. Reg. 7320, effective April 10, 1998; peremptory amendment at 22 Ill. Reg. 7692, effective April 20, 1998; emergency amendment at 22 Ill. Reg. 12607, effective July 2, 1998, for a maximum of 150 days; peremptory amendment at 22 Ill. Reg. 15489, effective August 7, 1998; amended at 22 Ill. Reg. 16158, effective August 31, 1998; peremptory amendment at 22 Ill. Reg. 19105, effective September 30, 1998; peremptory amendment at 22 Ill. Reg. 19943, effective October 27, 1998; peremptory amendment at 22 Ill. Reg. 20406, effective November 5, 1998; amended at 22 Ill. Reg. 20581, effective November 16, 1998; amended at 23 Ill. Reg. 664, effective January 1, 1999; peremptory amendment at 23 Ill. Reg. 730, effective December 29, 1998; emergency amendment at 23 Ill. Reg. 6533, effective May 10, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 7065, effective June 3, 1999; emergency amendment at 23 Ill. Reg. 8169, effective July 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 11020, effective August 26, 1999; amended at 23 Ill. Reg. 12429, effective September 21, 1999; peremptory amendment at 23 Ill. Reg. 12493, effective September 23, 1999; amended at 23 Ill. Reg. 12604, effective September 24, 1999; amended at 23 Ill. Reg. 13053, effective September 27, 1999; peremptory amendment at 23 Ill. Reg. 13132, effective October 1, 1999; amended at 23 Ill. Reg. 13570, effective October 26, 1999; amended at 23 Ill. Reg. 14020, effective November 15, 1999; amended at 24 Ill. Reg. 1025, effective January 7, 2000; peremptory amendment at 24 Ill. Reg. 3399, effective February 3, 2000; amended at 24 Ill. Reg. 3537, effective February 18, 2000; amended at 24 Ill. Reg. 6874, effective April 21, 2000; amended at 24 Ill. Reg. 7956, effective May 23, 2000; emergency amendment at 24 Ill. Reg. 10328, effective July 1, 2000, for a maximum of 150 days; emergency expired November 27, 2000; peremptory amendment at 24 Ill. Reg. 10767, effective July 3, 2000; amended at 24 Ill. Reg. 13384, effective August 17, 2000; peremptory amendment at 24 Ill. Reg. 14460, effective September 14, 2000; peremptory amendment at 24 Ill. Reg. 16700, effective October 30, 2000; peremptory amendment at 24 Ill. Reg. 17600, effective November 16, 2000; amended at 24 Ill. Reg. 18058, effective December 4, 2000; peremptory amendment at 24 Ill. Reg. 18444, effective December 1, 2000; amended at 25 Ill. Reg. 811, effective January 4, 2001; amended at 25 Ill. Reg. 2389, effective January 22, 2001; amended at 25 Ill. Reg. 4552, effective March 14, 2001; peremptory amendment at 25 Ill. Reg. 5067, effective March 21, 2001; amended at 25 Ill. Reg. 5618, effective April 4, 2001; amended at 25 Ill. Reg. 6655, effective May 11, 2001; amended at 25 Ill. Reg. 7151, effective May 25, 2001; peremptory amendment at 25 Ill. Reg. 8009, effective June 14, 2001; emergency amendment at 25 Ill. Reg. 9336, effective July 3, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 9846, effective July 23, 2001; amended at 25 Ill. Reg. 12087,

ILLINOIS REGISTER 16062 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS effective September 6, 2001; amended at 25 Ill. Reg. 15560, effective November 20, 2001; peremptory amendment at 25 Ill. Reg. 15671, effective November 15, 2001; amended at 25 Ill. Reg. 15974, effective November 28, 2001; emergency amendment at 26 Ill. Reg. 223, effective December 21, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 1143, effective January 17, 2002; amended at 26 Ill. Reg. 4127, effective March 5, 2002; peremptory amendment at 26 Ill. Reg. 4963, effective March 15, 2002; amended at 26 Ill. Reg. 6235, effective April 16, 2002; emergency amendment at 26 Ill. Reg. 7314, effective April 29, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 10425, effective July 1, 2002; emergency amendment at 26 Ill. Reg. 10952, effective July 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 13934, effective September 10, 2002; amended at 26 Ill. Reg. 14965, effective October 7, 2002; emergency amendment at 26 Ill. Reg. 16583, effective October 24, 2002, for a maximum of 150 days; emergency expired March 22, 2003; peremptory amendment at 26 Ill. Reg. 17280, effective November 18, 2002; amended at 26 Ill. Reg. 17374, effective November 25, 2002; amended at 26 Ill. Reg. 17987, effective December 9, 2002; amended at 27 Ill. Reg. 3261, effective February 11, 2003; expedited correction at 28 Ill. Reg. 6151, effective February 11, 2003; amended at 27 Ill. Reg. 8855, effective May 15, 2003; amended at 27 Ill. Reg. 9114, effective May 27, 2003; emergency amendment at 27 Ill. Reg. 10442, effective July 1, 2003, for a maximum of 150 days; emergency expired November 27, 2003; peremptory amendment at 27 Ill. Reg. 17433, effective November 7, 2003; amended at 27 Ill. Reg. 18560, effective December 1, 2003; peremptory amendment at 28 Ill. Reg. 1441, effective January 9, 2004; amended at 28 Ill. Reg. 2684, effective January 22, 2004; amended at 28 Ill. Reg. 6879, effective April 30, 2004; peremptory amendment at 28 Ill. Reg. 7323, effective May 10, 2004; amended at 28 Ill. Reg. 8842, effective June 11, 2004; peremptory amendment at 28 Ill. Reg. 9717, effective June 28, 2004; amended at 28 Ill. Reg. 12585, effective August 27, 2004; peremptory amendment at 28 Ill. Reg. 13011, effective September 8, 2004; peremptory amendment at 28 Ill. Reg. 13247, effective September 20, 2004; peremptory amendment at 28 Ill. Reg. 13656, effective September 27, 2004; emergency amendment at 28 Ill. Reg. 14174, effective October 15, 2004, for a maximum of 150 days; emergency expired March 13, 2005; peremptory amendment at 28 Ill. Reg. 14689, effective October 22, 2004; peremptory amendment at 28 Ill. Reg. 15336, effective November 15, 2004; peremptory amendment at 28 Ill. Reg. 16513, effective December 9, 2004; peremptory amendment at 29 Ill. Reg. 726, effective December 15, 2004; amended at 29 Ill. Reg. 1166, effective January 7, 2005; peremptory amendment at 29 Ill. Reg. 1385, effective January 4, 2005; peremptory amendment at 29 Ill. Reg. 1559, effective January 11, 2005; peremptory amendment at 29 Ill. Reg. 2050, effective January 19, 2005; peremptory amendment at 29 Ill. Reg. 4125, effective February 23, 2005; amended at 29 Ill. Reg. 5375, effective April 4, 2005; peremptory amendment at 29 Ill. Reg. 6105, effective April 14, 2005; peremptory amendment at 29 Ill. Reg. 7217, effective May 6, 2005; peremptory amendment at 29 Ill. Reg. 7840, effective May 10, 2005; amended at 29 Ill. Reg. 8110, effective May 23, 2005; peremptory amendment at 29 Ill. Reg. 8214, effective May 23, 2005; peremptory amendment at 29 Ill. Reg. 8418, effective

ILLINOIS REGISTER 16063 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

June 1, 2005; amended at 29 Ill. Reg. 9319, effective July 1, 2005; peremptory amendment at 29 Ill. Reg. 12076, effective July 15, 2005; peremptory amendment at 29 Ill. Reg. 13265, effective August 11, 2005; amended at 29 Ill. Reg. 13540, effective August 22, 2005; peremptory amendment at 29 Ill. Reg. 14098, effective September 2, 2005; amended at 29 Ill. Reg. 14166, effective September 9, 2005; amended at 29 Ill. Reg. 19551, effective November 21, 2005; emergency amendment at 29 Ill. Reg. 20554, effective December 2, 2005, for a maximum of 150 days; peremptory amendment at 29 Ill. Reg. 20693, effective December 12, 2005; peremptory amendment at 30 Ill. Reg. 623, effective December 28, 2005; peremptory amendment at 30 Ill. Reg. 1382, effective January 13, 2006; amended at 30 Ill. Reg. 2289, effective February 6, 2006; peremptory amendment at 30 Ill. Reg. 4157, effective February 22, 2006; peremptory amendment at 30 Ill. Reg. 5687, effective March 7, 2006; peremptory amendment at 30 Ill. Reg. 6409, effective March 30, 2006; amended at 30 Ill. Reg. 7857, effective April 17, 2006; amended at 30 Ill. Reg. 9438, effective May 15, 2006; peremptory amendment at 30 Ill. Reg. 10153, effective May 18, 2006; peremptory amendment at 30 Ill. Reg. 10508, effective June 1, 2006; amended at 30 Ill. Reg. 11336, effective July 1, 2006; emergency amendment at 30 Ill. Reg. 12340, effective July 1, 2006, for a maximum of 150 days; peremptory amendment at 30 Ill. Reg. 12418, effective July 1, 2006; amended at 30 Ill. Reg. 12761, effective July 17, 2006; peremptory amendment at 30 Ill. Reg. 13547, effective August 1, 2006; peremptory amendment at 30 Ill. Reg. 15059, effective September 5, 2006; peremptory amendment at 30 Ill. Reg. 16439, effective September 27, 2006; emergency amendment at 30 Ill. Reg. 16626, effective October 3, 2006, for a maximum of 150 days; peremptory amendment at 30 Ill. Reg. 17603, effective October 20, 2006; amended at 30 Ill. Reg. 18610, effective November 20, 2006; peremptory amendment at 30 Ill. Reg. 18823, effective November 21, 2006; peremptory amendment at 31 Ill. Reg. 230, effective December 20, 2006; emergency amendment at 31 Ill. Reg. 1483, effective January 1, 2007, for a maximum of 150 days; peremptory amendment at 31 Ill. Reg. 2485, effective January 17, 2007; peremptory amendment at 31 Ill. Reg. 4445, effective February 28, 2007; amended at 31 Ill. Reg. 4982, effective March 15, 2007; peremptory amendment at 31 Ill. Reg. 7338, effective May 3, 2007; amended at 31 Ill. Reg. 8901, effective July 1, 2007; emergency amendment at 31 Ill. Reg. 10056, effective July 1, 2007, for a maximum of 150 days; peremptory amendment at 31 Ill. Reg. 10496, effective July 6, 2007; peremptory amendment at 31 Ill. Reg. 12335, effective August 9, 2007; emergency amendment at 31 Ill. Reg. 12608, effective August 16, 2007, for a maximum of 150 days; emergency amendment at 31 Ill. Reg. 13220, effective August 30, 2007, for a maximum of 150 days; peremptory amendment at 31 Ill. Reg. 13357, effective August 29, 2007; amended at 31 Ill. Reg. 13981, effective September 21, 2007; peremptory amendment at 31 Ill. Reg. 14331, effective October 1, 2007; amended at 31 Ill. Reg. 16094, effective November 20, 2007; amended at 31 Ill. Reg. 16792, effective December 13, 2007; peremptory amendment at 32 Ill. Reg. 598, effective December 27, 2007; amended at 32 Ill. Reg. 1082, effective January 11, 2008; peremptory amendment at 32 Ill. Reg. 3095, effective February 13, 2008; peremptory amendment at 32 Ill. Reg. 6097, effective March 25,

ILLINOIS REGISTER 16064 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

2008; peremptory amendment at 32 Ill. Reg. 7154, effective April 17, 2008; expedited correction at 32 Ill. Reg. 9747, effective April 17, 2008; peremptory amendment at 32 Ill. Reg. 9360, effective June 13, 2008; amended at 32 Ill. Reg. 9881, effective July 1, 2008; peremptory amendment at 32 Ill. Reg. 12065, effective July 9, 2008; peremptory amendment at 32 Ill. Reg. 13861, effective August 8, 2008; peremptory amendment at 32 Ill. Reg. 16591, effective September 24, 2008; peremptory amendment at 32 Ill. Reg. 16872, effective October 3, 2008; peremptory amendment at 32 Ill. Reg. 18324, effective November 14, 2008; peremptory amendment at 33 Ill. Reg. 98, effective December 19, 2008; amended at 33 Ill. Reg. 2148, effective January 26, 2009; peremptory amendment at 33 Ill. Reg. 3530, effective February 6, 2009; peremptory amendment at 33 Ill. Reg. 4202, effective February 26, 2009; peremptory amendment at 33 Ill. Reg. 5501, effective March 25, 2009; peremptory amendment at 33 Ill. Reg. 6354, effective April 15, 2009; peremptory amendment at 33 Ill. Reg. 6724, effective May 1, 2009; peremptory amendment at 33 Ill. Reg. 9138, effective June 12, 2009; emergency amendment at 33 Ill. Reg. 9432, effective July 1, 2009, for a maximum of 150 days; amended at 33 Ill. Reg. 10211, effective July 1, 2009; peremptory amendment at 33 Ill. Reg. 10823, effective July 2, 2009; peremptory amendment at 33 Ill. Reg. 11082, effective July 10, 2009; peremptory amendment at 33 Ill. Reg. 11698, effective July 23, 2009; peremptory amendment at 33 Ill. Reg. 11895, effective July 31, 2009; peremptory amendment at 33 Ill. Reg. 12872, effective September 3, 2009; amended at 33 Ill. Reg. 14944, effective October 26, 2009; peremptory amendment at 33 Ill. Reg. 16598, effective November 13, 2009; peremptory amendment at 34 Ill. Reg. 305, effective December 18, 2009; emergency amendment at 34 Ill. Reg. 957, effective January 1, 2010, for a maximum of 150 days; peremptory amendment at 34 Ill. Reg. 1425, effective January 5, 2010; peremptory amendment at 34 Ill. Reg. 3684, effective March 5, 2010; peremptory amendment at 34 Ill. Reg. 5776, effective April 2, 2010; peremptory amendment at 34 Ill. Reg. 6214, effective April 16, 2010; amended at 34 Ill. Reg. 6583, effective April 30, 2010; peremptory amendment at 34 Ill. Reg. 7528, effective May 14, 2010; amended at 34 Ill. Reg. 7645, effective May 24, 2010; peremptory amendment at 34 Ill. Reg. 7947, effective May 26, 2010; peremptory amendment at 34 Ill. Reg. 8633, effective June 18, 2010; amended at 34 Ill. Reg. 9759, effective July 1, 2010; peremptory amendment at 34 Ill. Reg. 10536, effective July 9, 2010; peremptory amendment at 34 Ill. Reg. 11864, effective July 30, 2010; emergency amendment at 34 Ill. Reg. 12240, effective August 9, 2010, for a maximum of 150 days; peremptory amendment at 34 Ill. Reg. 13204, effective August 26, 2010; peremptory amendment at 34 Ill. Reg. 13657, effective September 8, 2010; peremptory amendment at 34 Ill. Reg. 15897, effective September 30, 2010; peremptory amendment at 34 Ill. Reg. 18912, effective November 15, 2010; peremptory amendment at 34 Ill. Reg. 19582, effective December 3, 2010; amended at 35 Ill. Reg. 765, effective December 30, 2010; emergency amendment at 35 Ill. Reg. 1092, effective January 1, 2011, for a maximum of 150 days; peremptory amendment at 35 Ill. Reg. 2465, effective January 19, 2011; peremptory amendment at 35 Ill. Reg. 3577, effective February 10, 2011; emergency amendment at 35 Ill. Reg. 4412, effective February 23, 2011, for a

ILLINOIS REGISTER 16065 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS maximum of 150 days; peremptory amendment at 35 Ill. Reg. 4803, effective March 11, 2011; emergency amendment at 35 Ill. Reg. 5633, effective March 15, 2011, for a maximum of 150 days; peremptory amendment at 35 Ill. Reg. 5677, effective March 18, 2011; amended at 35 Ill. Reg. 8419, effective May 23, 2011; amended at 35 Ill. Reg. 11245, effective June 28, 2011; emergency amendment at 35 Ill. Reg. 11657, effective July 1, 2011, for a maximum of 150 days; emergency expired November 27, 2011; peremptory amendment at 35 Ill. Reg. 12119, effective June 29, 2011; peremptory amendment at 35 Ill. Reg. 13966, effective July 29, 2011; peremptory amendment at 35 Ill. Reg. 15178, effective August 29, 2011; emergency amendment at 35 Ill. Reg. 15605, effective September 16, 2011, for a maximum of 150 days; peremptory amendment at 35 Ill. Reg. 15640, effective September 15, 2011; peremptory amendment at 35 Ill. Reg. 19707, effective November 23, 2011; amended at 35 Ill. Reg. 20144, effective December 6, 2011; amended at 36 Ill. Reg. 153, effective December 22, 2011; peremptory amendment at 36 Ill. Reg. 564, effective December 29, 2011; peremptory amendment at 36 Ill. Reg. 3957, effective February 24, 2012; peremptory amendment at 36 Ill. Reg. 4158, effective March 5, 2012; peremptory amendment at 36 Ill. Reg. 4437, effective March 9, 2012; amended at 36 Ill. Reg. 4707, effective March 19, 2012; amended at 36 Ill. Reg. 8460, effective May 24, 2012; peremptory amendment at 36 Ill. Reg. 10518, effective June 27, 2012; emergency amendment at 36 Ill. Reg. 11222, effective July 1, 2012, for a maximum of 150 days; peremptory amendment at 36 Ill. Reg. 13680, effective August 15, 2012; peremptory amendment at 36 Ill. Reg. 13973, effective August 22, 2012; peremptory amendment at 36 Ill. Reg. 15498, effective October 16, 2012; amended at 36 Ill. Reg. 16213, effective November 1, 2012; peremptory amendment at 36 Ill. Reg. 17138, effective November 20, 2012; peremptory amendment at 37 Ill. Reg. 3408, effective March 7, 2013; amended at 37 Ill. Reg. 4750, effective April 1, 2013; peremptory amendment at 37 Ill. Reg. 5925, effective April 18, 2013; peremptory amendment at 37 Ill. Reg. 9563, effective June 19, 2013; amended at 37 Ill. Reg. 9939, effective July 1, 2013; emergency amendment at 37 Ill. Reg. 11395, effective July 1, 2013, for a maximum of 150 days; peremptory amendment at 37 Ill. Reg. 11524, effective July 3, 2013; peremptory amendment at 37 Ill. Reg. 12588, effective July 19, 2013; peremptory amendment at 37 Ill. Reg. 13762, effective August 8, 2013; peremptory amendment at 37 Ill. Reg. 14219, effective August 23, 2013; amended at 38 Ill. Reg. ______, effective ______.

SUBPART A: NARRATIVE

Section 310.47 In-Hire Rate

a) Use – No employee in a position in which the position and/or the employee meet the criteria of an in-hire rate receives less than the in-hire rate. The in-hire rate is used when a candidate only meets the minimum requirements of the class specification upon entry to State service (Section 310.100(b)(1), 310.490(b)(1) or

ILLINOIS REGISTER 16066 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

310.495(b)(1)), when an employee moves to a vacant position (Section 310.45) or when an MS salary range is assigned to a Trainee Program (Section 310.415(b)). b) Request – An agency head may request in writing that the Director of Central Management Services approve or negotiate an in-hire rate. The in-hire rate is a Step or dollar amount depending on whether the classification title is assigned to a negotiated full scale rate, negotiated pay grade, merit compensation salary range or broad-band salary range. The in-hire rate may be for the classification title or limited within the classification title to the agency, facilities, counties or other criteria. The supporting justifications for the requested in-hire rate and the limitations are included in the agency request. An effective date may be included in the request. c) Review – The Director of Central Management Services shall review the supporting justifications, the turnover rate, length of vacancies, and the currently filled positions for the classification title, and the market starting rates for similar classes, and consult with other agencies using the classification title. Other factors may be included in the review and negotiation of negotiated in-hire rates. d) Approval or Negotiated –

1) Approval − The Director of Central Management Services indicates in writing the approved in-hire rate and effective date, which is either the date requested by the agency or the beginning of the next pay period after the approval.

2) Negotiated – The Director of Central Management Services and the bargaining unit representative indicate in writing the in-hire rate(s) and effective date, which is either the date indicated in the agreement, the date of the agreement's signature or the beginning of the next pay period after the signatures are secured on the agreement. e) Implementation – In the classification title or within the limitations of the classification title and when the in-hire rate is above the normal minimum of the assigned salary range or pay grade, an employee paid below the in-hire rate receives the in-hire rate on the approved effective date. The in-hire rate remains in effect for any employee entering the title or the limits within the title until the title is abolished or an agency request to rescind the in-hire rate is approved by the

ILLINOIS REGISTER 16067 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Director of Central Management Services or negotiated by the Director of Central Management Services and the bargaining unit representative. f) Approved or Negotiated In-Hire Rates –

1) Assigned to a Classification –

A) Approved and Assigned to a Pay Grade or Salary Range −

Pay Grade or In-Hire Title Salary Range Effective Date Rate Accounting & Fiscal RC-062-12 January 1, 2008 Step 3 Administration Career Trainee Actuarial Examiner Trainee RC-062-13 January 1, 2008 Step 4 Civil Engineer I RC-063-15 January 1, 2008 Step 2 Commerce Commission Police MS-10 January 1, 2008 $2,943 Officer Trainee Correctional Officer RC-006-09 January 1, 2008 Step 12 Correctional Officer Trainee RC-006-05 January 1, 2008 Step1 4 Environmental Engineer I RC-063-15 January 1, 2008 Step 2 Environmental Protection RC-063-15 January 1, 2008 Step 5 Engineer I Environmental Protection RC-063-17 January 1, 2008 Step 4 Engineer II Financial Institutions Examiner RC-062-13 January 1, 2008 Step 2 Trainee Insurance Company Financial RC-062-13 January 1, 2008 Step 4 Examiner Trainee Internal Auditor Trainee MS-09 January 1, 2008 $2,854 Revenue Special Agent Trainee RC-062-14 January 1, 2008 Step 2 Terrorism Research Specialist RC-062-14 January 1, 2008 Step 2 Trainee

B) Negotiated and Assigned to a Full Scale Rate – The full scale rates are located in Section 310.Appendix A, Table D for bargaining unit HR-001, in Appendix A Table E for bargaining unit RC-020, in Appendix A Table F for RC-019 and in Appendix A Table G for

ILLINOIS REGISTER 16068 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

bargaining unit RC-045.

Bargaining In-Hire Title Unit Effective Date Rate Auto & Body Repairer RC-045 July 1, 2013 75% Automotive Attendant I RC-045 July 1, 2013 75% Automotive Attendant II RC-045 July 1, 2013 75% Automotive Mechanic RC-045 July 1, 2013 75% Automotive Parts Warehouse RC-045 July 1, 2013 75% Specialist Automotive Parts Warehouser RC-045 July 1, 2013 75% Bridge Mechanic RC-019 July 8, 2013 75% Bridge Mechanic RC-020 June 26, 2013 75% Bridge Tender RC-019 July 8, 2013 75% Bridge Tender RC-020 June 26, 2013 75% Building Services Worker HR-001 July 24, 2013 75% Deck Hand RC-019 July 8, 2013 75% Elevator Operator HR-001 July 24, 2013 75% Ferry Operator I RC-019 July 8, 2013 75% Ferry Operator II RC-019 July 8, 2013 75% Grounds Supervisor HR-001 July 24, 2013 75% Heavy Construction Equipment HR-001 July 24, 2013 75% Operator Heavy Construction Equipment RC-020 June 26, 2013 75% Operator Highway Maintainer HR-001 November 1, 2009 75% Highway Maintainer RC-019 July 8, 2013 75% Highway Maintainer RC-020 June 26, 2013 75% Highway Maintenance Lead HR-001 July 24, 2013 75% Worker Highway Maintenance Lead RC-019 July 8, 2013 75% Worker Highway Maintenance Lead RC-020 June 26, 2013 75% Worker Highway Maintenance Lead RC-019 July 8, 2013 75% Worker (Lead Lead Worker) Highway Maintenance Lead RC-020 June 26, 2013 75% Worker (Lead Lead Worker)

ILLINOIS REGISTER 16069 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Janitor I (Including Office of RC-019 July 8, 2013 75% Administration) Janitor II (Including Office of RC-019 July 8, 2013 75% Administration) Labor Maintenance Lead RC-019 July 8, 2013 75% Worker Labor Maintenance Lead RC-020 June 26, 2013 75% Worker Laborer (Maintenance) HR-001 July 24, 2013 75% Laborer (Maintenance) RC-019 July 8, 2013 75% Laborer (Maintenance) RC-020 June 26, 2013 75% Maintenance Equipment HR-001 July 24, 2013 75% Operator Maintenance Equipment RC-019 July 8, 2013 75% Operator Maintenance Equipment RC-020 June 26, 2013 75% Operator Maintenance Worker HR-001 July 24, 2013 75% Maintenance Worker RC-019 July 8, 2013 75% Maintenance Worker RC-020 June 26, 2013 75% Power Shovel Operator HR-001 July 24, 2013 75% (Maintenance) Power Shovel Operator RC-019 July 8, 2013 75% (Maintenance) Power Shovel Operator RC-020 June 26, 2013 75% (Maintenance) Security Guard I RC-019 July 8, 2013 75% Security Guard II RC-019 July 8, 2013 75% Silk Screen Operator RC-019 July 8, 2013 75% Silk Screen Operator RC-020 June 26, 2013 75% Small Engine Mechanic RC-045 July 1, 2013 75% Storekeeper I* RC-045 July 1, 2013 75% Storekeeper II* RC-045 July 1, 2013 75%

Title Bargaining Unit of Effective Date In-Hire the Full Scale Rate Rate Highway Maintainer HR-001 November 1, 2009 75% Building Services Worker HR-001 July 24, 2013 75%

ILLINOIS REGISTER 16070 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Elevator Operator HR-001 July 24, 2013 75% Grounds Supervisor HR-001 July 24, 2013 75% Heavy Construction Equipment HR-001 July 24, 2013 75% Operator Highway Maintenance Lead HR-001 July 24, 2013 75% Worker Laborer (Maintenance) HR-001 July 24, 2013 75% Maintenance Equipment Operator HR-001 July 24, 2013 75% Maintenance Worker HR-001 July 24, 2013 75% Power Shovel Operator HR-001 July 24, 2013 75% (Maintenance)

2) Based on the Position's Work Location or Employee's Credential or Residency –

Pay Grade or Location or Effective In-Hire Title Salary Range Residency Credential Date Rate Civil Engineer NR-916 None Bachelor's January 1, Add to Trainee identified degree in 2008 minimum accredited monthly civil rate $40/ engineering quarter program work experience up to 8

Civil Engineer NR-916 None Passed January 1, Add to Trainee identified Engineering 2008 minimum Intern exam monthly rate $60/month

Civil Engineer NR-916 None Master's January 1, Add to Trainee identified degree 2009 minimum monthly rate $60/month for each year experience up to two

ILLINOIS REGISTER 16071 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

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years

Clinical RC-063-18 None Completed February 1, Step 3 Psychology identified doctoral 2008 Associate dissertation

Engineering NR-916 None Completed 2 January 1, $2,705 Technician I, II, identified years of 2011 III and IV college in January 1, $2,845 civil 2012 engineering or job related technical/ science curriculum (60 semester /90 quarter hours credit)

Engineering NR-916 None Completed 3 January 1, $2,600 Technician I, II, identified years of 2011 III and IV college in January 1, $2,730 areas other 2012 than civil engineering or job related technical/ science curriculum (90 semester /135 quarter hours credit)

Engineering NR-916 None Associate January 1, $2,830 Technician I, II, identified Degree from 2011 III and IV an accredited January 1, $2,975 2 year civil 2012 engineering technology program

ILLINOIS REGISTER 16072 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Engineering NR-916 None Completed 3 January 1, $2,830 Technician I, II, identified years of 2011 III and IV college courses in civil engineering or job related technical/ January 1, $2,975 science 2012 curriculum (90 semester /135 quarter hours credit)

Engineering NR-916 None Completed 4 January 1, $2,705 Technician I, II, identified years of 2011 III and IV college courses in areas other January 1, $2,845 than civil 2012 engineering or job related technical/ science curriculum (120 semester /180 quarter hours credit)

Engineering NR-916 None Completed 4 January 1, $2,945 Technician I, II, identified years of 2011 III and IV college in January 1, $3,095 civil 2012 engineering or job related technical/ science curriculum (120 semester/180 quarter hours credit includes

ILLINOIS REGISTER 16073 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

appointees from unaccredited engineering programs and those who have not yet obtained a degree)

Engineering NR-916 None Bachelor of January 1, $3,340 Technician I, II, identified Science 2011 III and IV Degree from January 1, $3,510 an accredited 2012 4 year program in civil engineering technology, industrial technology, and construction technology

Forensic RC-062-15 None Meets January 1, Step 12 Scientist identified minimum 2008 Trainee class require- ments or completed Forensic Science Residency Program at the U of I- Chicago

Forensic RC-062-15 None Completed January 1, Step 3 Scientist identified Forensic 2008 Trainee Science Residency Program at the U of I-

ILLINOIS REGISTER 16074 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Chicago

Information RC-063-15 Work outside Computer January 1, Step 4 Services Intern Cook County Science 2008 degree at 4- year college

Information RC-063-15 Work in Cook Computer January 1, Step 6 Services Intern County Science 2008 degree at 4- year college

Information RC-063-15 Work outside Computer January 1, Step 2 Services Intern Cook County Science 2008 degree at 2- year technical school

Information RC-063-15 Work in Cook Computer January 1, Step 4 Services Intern County Science 2008 degree at 2- year technical school

Information RC-063-15 Work in Cook Non- January 1, Step 3 Services Intern County Computer 2008 Science degree at 4- year college

Information RC-063-17 Work in Cook None January 1, Step 2 Services County identified 2008 Specialist I beyond class requirements

Juvenile Justice RC-006-14 None Master's September Step 2 Specialist identified degree 1, 2008

Juvenile Justice RC-006-11 None Master's September Step 2 Specialist Intern identified degree 1, 2008

Meat & Poultry RC-033 Work in None January 1, Step 13

ILLINOIS REGISTER 16075 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Inspector Regions 1 and identified 2008 Trainee 6 beyond class requirements

Physician RC-063-MD-C Work in None January 1, Step 5 Specialist, Singer, identified 2008 Option C McFarland, beyond class Choate, requirements Chester, Alton, Murray, and Mabley facilities

Physician RC-063-MD-D Work in None January 1, Step 5 Specialist, Singer, identified 2008 Option D McFarland, beyond class Choate, requirements Chester, Alton, Murray, and Mabley facilities

Products & MS-09 Work in Cook, None January 1, $3,057 Standards DuPage, Lake, identified 2008 Inspector Kane, and beyond class Trainee Will counties requirements

Products & MS-09 Work in None January 1, $2,854 Standards counties identified 2008 Inspector outside Cook, beyond class Trainee DuPage, Lake, requirements Kane, and Will counties

Revenue RC-062-12 Work in IL None January 1, Step 5 Auditor Trainee identified 2008 beyond class requirements

Revenue RC-062-15 See Note in None January 1, Step 5 Auditor Trainee Appendix A identified 2008 Table W beyond class requirements

ILLINOIS REGISTER 16076 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Revenue RC-062-13 States other None January 1, Step 5 Auditor Trainee than IL and identified 2008 not assigned to beyond class RC-062-15 requirements

Security RC-009-13 Work in Joliet None January 1, Step 5 Therapy Aide Treatment and identified 2008 Trainee Detention beyond class Facility requirements

Telecommuni- RC-014-12 Work in None January 1, Step 2 cator District 2 identified 2008 beyond class requirements

Telecommuni- RC-014-10 Work in Kane None January 1, Step 3 cator Trainee County identified 2008 beyond class requirements

Telecommuni- RC-014-10 Work in Cook None January 1, Step 7 cator Trainee County identified 2008 beyond class requirements

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 310.80 Increases in Pay

Except as otherwise provided for in this Section, for employees occupying positions in classes that are paid in conformance with the Schedule of Negotiated Rates (Appendix A) and without a negotiated provision in the currently effective bargaining unit agreement, increases shall be granted as follows and will become effective the first day of the pay period following the date of approval:

a) Satisfactory Performance Increase –

1) Each employee who has not attained Step 8 of the relevant pay grade, and whose level of performance has been at a satisfactory level of competence, shall be successively advanced in pay to the next higher step in the pay grade after one year of creditable service in the same class. Effective July 1, 2012, the satisfactory performance increases are suspended. Effective

ILLINOIS REGISTER 16077 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

April 17, 2013, employees in positions represented by an American Federation of State, County and Municipal Employees bargaining unit (CU-500, RC-006, RC-009, RC-010, RC-014, RC-028, RC-042, RC-062 and RC-063) receive satisfactory performance or step increases that they are or would have been eligible for during Fiscal Year 2013 (July 1, 2012 through June 30, 2013).

2) A satisfactory performance increase shall become effective on the first day of the month within which the required period of creditable service is reached. Effective July 1, 2012, the satisfactory performance increases are suspended. Effective April 17, 2013, employees in positions represented by an American Federation of State, County and Municipal Employees bargaining unit (CU-500, RC-006, RC-009, RC-010, RC-014, RC-028, RC-042, RC-062 and RC-063) receive satisfactory performance or step increases that they are or would have been eligible for during Fiscal Year 2013 (July 1, 2012 through June 30, 2013).

3) No satisfactory performance increase may be given after the effective date of separation. The exception is an employee in a position represented by an American Federation of State, County and Municipal Employees bargaining unit (CU-500, RC-006, RC-009, RC-010, RC-014, RC-028, RC-042, RC-062 and RC-063) who separated during Fiscal Year 2013 between July 1, 2012 and April 17, 2013 and who otherwise would receive a satisfactory performance or step increase based on subsection (a)(1) and (2). b) Withholding Satisfactory Performance Increase – As an inducement toward attainment of satisfactory level of competence, satisfactory performance increases may be withheld from the employee who has not achieved a satisfactory level of performance. Such action must be supported by:

1) A performance record showing less than satisfactory performance. This must be prepared by the appropriate supervisor, discussed with the employee and approved by the agency head prior to the date the increase would otherwise become effective. The performance record will not be invalidated by refusal of an employee to sign. In such cases, an explanatory comment shall be made on the record by the supervisor. This record will be preserved by the agency.

ILLINOIS REGISTER 16078 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

2) Notice of withholding of satisfactory performance increases to the Department of Central Management Services – It shall be reported upon completion of action required by subsection (b)(1), but not later than the submission of the payroll reflecting the denial of the increase. c) Redetermination – A satisfactory performance increase previously withheld shall be granted when the cause for withholding has been eliminated. Redetermination must be made at least annually. In such cases the increases will be effective the first day of the month following date of approval and will be preceded by the preparation and filing of a Performance Record within the agency indicating the attainment of satisfactory level of competence. d) Other Pay Increases –

1) Promotion −

A) Standard Procedures –

i) From Other Than Step 8 – Normally, upon promotion, an employee shall be advanced to the lowest step in the targeted pay grade that represents at least a full step increase in the former pay grade.

ii) From Step 8 – The employee shall be paid at the lowest step rate in the targeted pay grade that results in an increase equal to at least the dollar difference between Step 7 and Step 8 in the former pay grade. To compute this, add the dollar difference between Step 7 and Step 8 in the former pay grade to the employee's current rate at Step 8 (then include longevity if the employee is receiving an increased rate based on longevity). Then place the employee on the lowest step in the targeted pay grade that is at least equivalent to that amount. Otherwise, when an employee is promoted from Step 8, the employee shall be paid at the lowest step rate in the targeted pay grade that results in an increase equal to at least 3%. To compute this, add 3% to the employee's current rate at Step 8 (then include longevity if the employee is receiving an increased rate based on longevity). Then place the employee on the

ILLINOIS REGISTER 16079 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

lowest step in the targeted pay grade that is at least equivalent to that amount.

B) Exception – Any deviation is a special salary adjustment (see subsection (e)).

2) Reallocation –

A) Standard Procedures −

i) From Other Than Step 8 − Normally, upon reallocation, an employee shall be advanced to the lowest step in the targeted pay grade that represents at least a full step increase in the former pay grade.

ii) From Step 8 − When an employee is reallocated from Step 8, the employee shall be paid at the lowest step rate in the targeted pay grade that results in an increase equal to at least 3%. To compute this, add 3% to the employee's current rate at Step 8 (then include longevity if the employee is receiving an increased rate based on longevity). Then place the employee on the lowest step in the targeted pay grade that is at least equivalent to that amount. The reallocation shall not change the creditable service date for non-bargaining-unit employees or if the increase is less than one step for the bargaining unit employees.

B) Exception − Any deviation is a special salary adjustment (see subsection (e)).

3) Reevaluation – If a higher pay grade is assigned to a class, the employee occupying the position in the class shall be advanced to the lowest step in the new grade that represents an increase in pay. If an employee becomes eligible for a satisfactory performance increase as a result of the reevaluation, a one-step increase will be granted immediately. The reevaluation shall not change the creditable service date if the increase is less than one step for the bargaining unit employees.

ILLINOIS REGISTER 16080 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

4) Separation and Subsequent Appointment – Upon separation from a position of a given class and appointment within four calendar days to a position in a higher pay grade, an increase shall be given under the conditions and requirements applicable to promotions (see subsection (d)(1)).

5) Reclassification – If the class to which the position is being moved has a higher pay grade, the employee's base salary is advanced to the salary in the new pay grade that represents the least increase in pay. If this new salary is less than the difference between Step 7 and Step 8 in the new pay grade and the employee has been paid the base salary in Step 8 of the previous pay grade for longer than one year, the new salary is advanced one step from the salary in the new pay grade representing the least increase.

e) Adjustment – An employee may receive an upward adjustment in the employee's base salary for the purpose of correcting a previous error, oversight or when the best interest of the agency and the State of Illinois will be served. Adjustments shall have the prior approval of the Director of Central Management Services. An adjustment at the time of entrance into State government shall have supporting documentation in the candidate's CMS employment application (CMS-100). In determining the appropriateness of a request for a salary adjustment by an employing agency, the Director of Central Management Services shall consider whether the need for the adjustment is substantial, whether the action is consistent with the treatment of other similar situations, and whether the action is equitable in view of the particular circumstances prompting the request. The Director of Central Management Services' approval of an adjustment at the time of entrance into State government shall be based on the candidate's documented directly- related education and experience exceeding the minimum requirements in the class specification, prior base salary history, staffing needs and requirements of the employing agency, and labor market influences on the recruitment for the position classification or position. The adjustment shall not change the creditable service date if the increase is less than one step for the bargaining unit employees.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART B: SCHEDULE OF RATES

Section 310.220 Negotiated Rate

ILLINOIS REGISTER 16081 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

a) Rates by Geographic Area, Agency or Agency Area − The rate of pay for a class in any specific area or agency, or in a specific area for an agency, is established and approved by the Director of Central Management Services after having conducted negotiations for this purpose, or as certified as being correct and reported to the Director of Central Management Services by the Director of the Illinois Department of Labor for designated classifications. b) Rates for Positions Excluded from Bargaining Unit Representation − An employee occupying a position in a class normally subject to contract, but whose position is excluded from the bargaining unit, shall be assigned to the Merit Compensation System (Subpart C) and receive the rates, within the Merit Compensation System Salary Schedule (Appendix D) based on the salary range assigned to the classification title in Section 310.410, an out-of-state rate assigned to the classification title in Section 310.495 or within the Broad-Band Pay Range Classes Salary Schedule (Appendix G) based on the salary range assigned to the classification title.

c) Rates for Higher Duties − As provided in certain collective bargaining agreements, an employee may be paid at an appropriate higher rate when assigned to perform the duties of a higher level position. Eligibility for and the amount of this pay will be as provided in the contract. d) Promotion from Step 8 − The employee shall be paid as provided in Section 310.80(d)(1)(A)(ii). e) To Locate Rates − The negotiated rates of pay for classifications in specified operating agencies, in specified agency facilities or with specified duties shall be as indicated in Appendix A, unless the rates are red-circled or frozen.

f) Red-Circled Rates – Red-circled rates are the negotiated or arbitrator assigned base salaries not otherwise on a step in the pay grade assigned to a classification or in the Pay Plan. The base salaries may be above the pay grade's maximum base salary or between two base salaries on consecutive steps. An employee who takes a position in a Trainee Program (80 Ill. Adm. Code 302.170) classification that represents a reduction when comparing classifications (Section 310.45) shall receive the higher amount of either the in-hire rate or the base salary red-circled at the amount of the former classification. Upon completion of a trainee period, the employee who is promoted to a targeted title shall receive the rate on a step that

ILLINOIS REGISTER 16082 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

results in a minimum of one dollar increase based on the difference between the two steps, which the red-circled rate is between, added to the red-circled rate. If through negotiation of a classification assignment to a pay grade where the base salary exceeds Step 8, the base salary shall be red-circled at its current rate and may receive contractual adjustments.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART C: MERIT COMPENSATION SYSTEM

Section 310.410 Jurisdiction

The Merit Compensation System shall apply to classes of positions, or positions excluded from bargaining unit representation, designated below and Broad-Band classes in Appendix G. In addition, the classes are listed in the ALPHABETIC INDEX OF POSITION TITLES. Also see Section 310.495 for the application of the Merit Compensation System for those Broad-Band titles listed with their salary ranges in Appendix G.

Salary Title Title Code Range Account Clerk I 00111 MS-03 Account Clerk II 00112 MS-04 Account Technician I 00115 MS-07 Account Technician II 00116 MS-09 Account Technician Trainee 00118 MS-04 Accountant 00130 MS-11 Accountant Advanced 00133 MS-14 Accountant Supervisor 00135 MS-19 Accounting and Fiscal Administration Career Trainee 00140 MS-09 Activity Program Aide I 00151 MS-04 Activity Program Aide II 00152 MS-05 Activity Therapist 00157 MS-12 Activity Therapist Coordinator 00160 MS-16 Activity Therapist Supervisor 00163 MS-23 Actuarial Assistant 00187 MS-14 Actuarial Examiner 00195 MS-14 Actuarial Examiner Trainee 00196 MS-10 Actuarial Senior Examiner 00197 MS-21 Actuary I 00201 MS-23

ILLINOIS REGISTER 16083 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Actuary II 00202 MS-31 Actuary III 00203 MS-33 Administrative Assistant I 00501 MS-16 Administrative Assistant II 00502 MS-21 Administrative Services Worker Trainee 00600 MS-02 Agricultural Executive 00800 MS-23 Agricultural Land and Water Resources Supervisor 00811 MS-25 Agricultural Market News Assistant 00804 MS-09 Agricultural Marketing Generalist 00805 MS-11 Agricultural Marketing Reporter 00807 MS-19 Agricultural Marketing Representative 00810 MS-19 Agricultural Products Promoter 00815 MS-10 Agriculture Land and Water Resource Specialist I 00831 MS-11 Agriculture Land and Water Resource Specialist II 00832 MS-16 Agriculture Land and Water Resource Specialist III 00833 MS-23 Aircraft Dispatcher 00951 MS-09 Aircraft Lead Dispatcher 00952 MS-11 Aircraft Pilot I 00955 MS-21 Aircraft Pilot II 00956 MS-28 Aircraft Pilot II − Dual Rating 00957 MS-29 Animal and Animal Products Investigator 01072 MS-11 Animal and Animal Products Investigator Trainee 01075 MS-09 Apiary Inspector 01215 MS-03 Apparel/Dry Goods Specialist I 01231 MS-04 Apparel/Dry Goods Specialist II 01232 MS-05 Apparel/Dry Goods Specialist III 01233 MS-10 Appraisal Specialist I 01251 MS-11 Appraisal Specialist II 01252 MS-14 Appraisal Specialist III 01253 MS-19 Appraisal Specialist Trainee 01255 MS-09 Arbitrator 01401 MS-33 Architect 01440 MS-28 Arson Investigations Trainee 01485 MS-12 Arson Investigator I 01481 MS-15 Arson Investigator II 01482 MS-20 Arts Council Associate 01523 MS-09 Arts Council Program Coordinator 01526 MS-19 Arts Council Program Representative 01527 MS-12 Assignment Coordinator 01530 MS-23

ILLINOIS REGISTER 16084 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Assistant Automotive Shop Supervisor 01565 MS-11 Assistant Reimbursement Officer 02424 MS-05 Audio Visual Technician I 03501 MS-04 Audio Visual Technician II 03502 MS-06 Auto and Body Repairer 03680 MS-13 Automotive Attendant I 03696 MS-03 Automotive Attendant II 03697 MS-03 Automotive Mechanic 03700 MS-13 Automotive Parts Warehouse Specialist 03734 MS-11 Automotive Parts Warehouser 03730 MS-11 Automotive Shop Supervisor 03749 MS-18 Bank Examiner I 04131 MS-14 Bank Examiner II 04132 MS-21 Bank Examiner III 04133 MS-28 Behavioral Analyst Associate 04355 MS-12 Behavioral Analyst I 04351 MS-16 Behavioral Analyst II 04352 MS-21 Blasting Expert 04720 MS-27 Blasting Specialist 04725 MS-25 Blasting Supervisor 04730 MS-29 Boat Safety Inspection Supervisor 04850 MS-22 Boiler Safety Specialist 04910 MS-26 Breath Alcohol Analysis Technician 05170 MS-15 Bridge Mechanic 05310 MS-17 Bridge Tender 05320 MS-18 Building Construction Inspector I 05541 MS-18 Building Construction Inspector II 05542 MS-20 Building Services Worker 05616 MS-05 Building/Grounds Laborer 05598 MS-08 Building/Grounds Lead I 05601 MS-10 Building/Grounds Lead II 05602 MS-12 Building/Grounds Maintenance Worker 05613 MS-09 Building/Grounds Supervisor 05605 MS-12 Business Administrative Specialist 05810 MS-14 Business Manager 05815 MS-19 Buyer 05900 MS-19 Buyer Assistant 05905 MS-07 Cancer Registrar I 05951 MS-11 Cancer Registrar II 05952 MS-14

ILLINOIS REGISTER 16085 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Cancer Registrar III 05953 MS-23 Cancer Registrar Assistant Manager 05954 MS-27 Cancer Registrar Manager 05955 MS-31 Canine Specialist 06500 MS-20 Capital Development Board Account Technician 06515 MS-08 Capital Development Board Art In Architecture 06533 MS-09 Technician Capital Development Board Construction Support 06520 MS-08 Analyst Capital Development Board Media Technician 06525 MS-11 Capital Development Board Project Technician 06530 MS-09 Cartographer III 06673 MS-28 Chaplain I 06901 MS-14 Chaplain II 06902 MS-21 Check Issuance Machine Operator 06920 MS-06 Check Issuance Machine Supervisor 06925 MS-08 Chemist I 06941 MS-14 Chemist II 06942 MS-21 Chemist III 06943 MS-25 Child Development Aide 07184 MS-07 Child Protection Advanced Specialist 07161 MS-21 Child Protection Associate Specialist 07162 MS-14 Child Protection Specialist 07163 MS-19 Child Support Specialist I 07198 MS-14 Child Support Specialist II 07199 MS-16 Child Support Specialist Trainee 07200 MS-09 Child Welfare Administrative Case Reviewer 07190 MS-28 Child Welfare Advanced Specialist 07215 MS-21 Child Welfare Associate Specialist 07216 MS-14 Child Welfare Court Facilitator 07196 MS-28 Child Welfare Nurse Specialist 07197 MS-22 Child Welfare Senior Specialist 07217 MS-28 Child Welfare Specialist 07218 MS-19 Child Welfare Staff Development Coordinator I 07201 MS-16 Child Welfare Staff Development Coordinator II 07202 MS-21 Child Welfare Staff Development Coordinator III 07203 MS-23 Child Welfare Staff Development Coordinator IV 07204 MS-28 Children and Family Service Intern, Option 1 07241 MS-09 Children and Family Service Intern, Option 2 07242 MS-12

ILLINOIS REGISTER 16086 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Civil Engineer I 07601 MS-22 Civil Engineer II 07602 MS-26 Civil Engineer III 07603 MS-30 Civil Engineer IV 07604 MS-31 Civil Engineer Trainee 07607 MS-16 Clerical Trainee 08050 MS-01 Clinical Laboratory Associate 08200 MS-05 Clinical Laboratory Phlebotomist 08213 MS-04 Clinical Laboratory Technician I 08215 MS-07 Clinical Laboratory Technician II 08216 MS-09 Clinical Laboratory Technologist I 08220 MS-19 Clinical Laboratory Technologist II 08221 MS-21 Clinical Laboratory Technologist Trainee 08229 MS-11 Clinical Pharmacist 08235 MS-32 Clinical Psychologist 08250 MS-29 Clinical Psychology Associate 08255 MS-19 Clinical Services Supervisor 08260 MS-31 Commerce Commission Police Officer I 08451 MS-18 Commerce Commission Police Officer II 08452 MS-22 Commerce Commission Police Officer Trainee 08455 MS-10 Commerce Commission Police Sergeant 08457 MS-24 Commodities Inspector 08770 MS-08 Communications Dispatcher 08815 MS-06 Communications Equipment Technician I 08831 MS-16 Communications Equipment Technician II 08832 MS-21 Communications Equipment Technician III 08833 MS-23 Communications Systems Specialist 08860 MS-29 Community Management Specialist I 08891 MS-12 Community Management Specialist II 08892 MS-16 Community Management Specialist III 08893 MS-21 Community Planner I 08901 MS-12 Community Planner II 08902 MS-16 Community Planner III 08903 MS-21 Compliance Officer 08919 MS-11 Conservation Education Representative 09300 MS-09 Conservation Grant Administrator I 09311 MS-19 Conservation Grant Administrator II 09312 MS-23 Conservation Grant Administrator III 09313 MS-28 Conservation Police Lieutenant 09339 MS-23

ILLINOIS REGISTER 16087 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Conservation Police Officer I 09341 MS-18 Conservation Police Officer II 09342 MS-19 Conservation Police Officer Trainee 09345 MS-06 Conservation Police Sergeant 09347 MS-22 Conservation/Historic Preservation Worker 09317 MS-01 Construction Program Assistant 09525 MS-09 Construction Supervisor I 09561 MS-10 Construction Supervisor II 09562 MS-14 Cook I 09601 MS-04 Cook II 09602 MS-07 Correctional Casework Supervisor 09655 MS-25 Correctional Counselor I 09661 MS-12 Correctional Counselor II 09662 MS-16 Correctional Counselor III 09663 MS-21 Correctional Lieutenant 09673 MS-24 Correctional Officer 09675 MS-11 Correctional Officer Trainee 09676 MS-08 Correctional Sergeant 09717 MS-16 Corrections Apprehension Specialist 09750 MS-21 Corrections Clerk I 09771 MS-11 Corrections Clerk II 09772 MS-13 Corrections Clerk III 09773 MS-18 Corrections Food Service Supervisor I 09793 MS-13 Corrections Food Service Supervisor II 09794 MS-18 Corrections Food Service Supervisor III 09795 MS-21 Corrections Grounds Supervisor 09796 MS-16 Corrections Identification Supervisor 09800 MS-24 Corrections Identification Technician 09801 MS-13 Corrections Industries Marketing Representative 09803 MS-16 Corrections Industry Lead Worker 09805 MS-16 Corrections Industry Supervisor 09807 MS-21 Corrections Laundry Manager I 09808 MS-18 Corrections Laundry Manager II 09809 MS-20 Corrections Leisure Activities Specialist I 09811 MS-12 Corrections Leisure Activities Specialist II 09812 MS-16 Corrections Leisure Activities Specialist III 09813 MS-21 Corrections Leisure Activities Specialist IV 09814 MS-25 Corrections Locksmith 09818 MS-16 Corrections Maintenance Craftsman 09821 MS-16

ILLINOIS REGISTER 16088 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Corrections Maintenance Supervisor 09822 MS-20 Corrections Maintenance Worker 09823 MS-12 Corrections Medical Technician 09824 MS-12 Corrections Nurse I 09825 MS-20 Corrections Nurse II 09826 MS-25 Corrections Parole Agent 09842 MS-16 Corrections Residence Counselor I 09837 MS-13 Corrections Residence Counselor II 09838 MS-20 Corrections Senior Parole Agent 09844 MS-21 Corrections Supply Supervisor I 09861 MS-13 Corrections Supply Supervisor II 09862 MS-18 Corrections Supply Supervisor III 09863 MS-21 Corrections Transportation Officer I 09871 MS-13 Corrections Transportation Officer II 09872 MS-20 Corrections Utilities Operator 09875 MS-16 Corrections Vocational Instructor 09879 MS-16 Corrections Vocational School Supervisor 09880 MS-20 Court Reporter 09900 MS-12 Court Reporter Supervisor 09903 MS-26 Crime Scene Investigator 09980 MS-25 Criminal Intelligence Analyst I 10161 MS-19 Criminal Intelligence Analyst II 10162 MS-23 Criminal Intelligence Analyst Specialist 10165 MS-28 Criminal Justice Specialist I 10231 MS-14 Criminal Justice Specialist II 10232 MS-23 Criminal Justice Specialist Trainee 10236 MS-10 Curator Of The Lincoln Collection 10750 MS-14 Data Processing Administrative Specialist 11415 MS-11 Data Processing Assistant 11420 MS-04 Data Processing Operator 11425 MS-03 Data Processing Operator Trainee 11428 MS-02 Data Processing Specialist 11430 MS-09 Data Processing Supervisor I 11435 MS-08 Data Processing Supervisor II 11436 MS-11 Data Processing Supervisor III 11437 MS-19 Data Processing Technician 11440 MS-06 Data Processing Technician Trainee 11443 MS-04 Day Care Licensing Representative I 11471 MS-14 Day Care Licensing Representative II 11472 MS-19

ILLINOIS REGISTER 16089 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Deck Hand 11500 MS-15 Dental Assistant 11650 MS-07 Dental Hygienist 11700 MS-11 Dentist I 11751 MS-29 Dentist II 11752 MS-33 Developmental Disabilities Council Program Planner I 12361 MS-09 Developmental Disabilities Council Program Planner II 12362 MS-14 Developmental Disabilities Council Program Planner III 12363 MS-19 Dietary Manager I 12501 MS-14 Dietary Manager II 12502 MS-19 Dietitian 12510 MS-12 Disability Appeals Officer 12530 MS-28 Disability Claims Adjudicator I 12537 MS-14 Disability Claims Adjudicator II 12538 MS-19 Disability Claims Adjudicator Trainee 12539 MS-10 Disability Claims Analyst 12540 MS-25 Disability Claims Specialist 12558 MS-21 Disaster Services Planner 12585 MS-21 Document Examiner 12640 MS-28 Drafting Worker 12749 MS-08 Drug Compliance Investigator 12778 MS-31 Economic Development Representative I 12931 MS-16 Economic Development Representative II 12932 MS-21 Economic Development Representative Trainee 12939 MS-10 Educational Diagnostician 12965 MS-09 Educational Media Program Specialist 12980 MS-16 Educator 13100 MS-26 Educator − Provisional 13105 MS-10 Educator Aide 13130 MS-08 Educator Trainee 13148 MS-09 Electrical Engineer 13180 MS-28 Electroencephalograph Technician 13300 MS-05 Electronic Equipment Installer/Repairer 13340 MS-07 Electronic Equipment Installer/Repairer Lead Worker 13345 MS-09 Electronics Technician 13360 MS-12 Elevator Inspector 13495 MS-21 Elevator Operator 13500 MS-05 Emergency Response Lead Telecommunicator 13540 MS-10 Emergency Response Telecommunicator 13543 MS-08

ILLINOIS REGISTER 16090 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Employment Security Field Office Supervisor 13600 MS-23 Employment Security Manpower Representative I 13621 MS-09 Employment Security Manpower Representative II 13622 MS-11 Employment Security Program Representative 13650 MS-11 Employment Security Program Representative − 13651 MS-11 Intermittent Employment Security Service Representative 13667 MS-14 Employment Security Specialist I 13671 MS-11 Employment Security Specialist II 13672 MS-14 Employment Security Specialist III 13673 MS-21 Employment Security Tax Auditor I 13681 MS-16 Employment Security Tax Auditor II 13682 MS-21 End-User Computer Services Specialist I 13691 MS-24 End-User Computer Services Specialist II 13692 MS-28 End-User Computer Systems Analyst 13693 MS-30 Energy and Natural Resources Specialist I 13711 MS-12 Energy and Natural Resources Specialist II 13712 MS-16 Energy and Natural Resources Specialist III 13713 MS-21 Energy and Natural Resources Specialist Trainee 13715 MS-09 Engineering Technician I 13731 MS-10 Engineering Technician II 13732 MS-13 Engineering Technician III 13733 MS-20 Engineering Technician IV 13734 MS-30 Environmental Engineer I 13751 MS-12 Environmental Engineer II 13752 MS-16 Environmental Engineer III 13753 MS-21 Environmental Engineer IV 13754 MS-28 Environmental Equipment Operator I 13761 MS-09 Environmental Equipment Operator II 13762 MS-11 Environmental Health Specialist I 13768 MS-11 Environmental Health Specialist II 13769 MS-14 Environmental Health Specialist III 13770 MS-19 Environmental Protection Associate 13785 MS-09 Environmental Protection Engineer I 13791 MS-12 Environmental Protection Engineer II 13792 MS-16 Environmental Protection Engineer III 13793 MS-21 Environmental Protection Engineer IV 13794 MS-28 Environmental Protection Geologist I 13801 MS-12 Environmental Protection Geologist II 13802 MS-16

ILLINOIS REGISTER 16091 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Environmental Protection Geologist III 13803 MS-21 Environmental Protection Legal Investigator I 13811 MS-10 Environmental Protection Legal Investigator II 13812 MS-11 Environmental Protection Legal Investigator Specialist 13815 MS-13 Environmental Protection Specialist I 13821 MS-11 Environmental Protection Specialist II 13822 MS-14 Environmental Protection Specialist III 13823 MS-19 Environmental Protection Specialist IV 13824 MS-28 Environmental Protection Technician I 13831 MS-05 Environmental Protection Technician II 13832 MS-07 Equal Pay Specialist 13837 MS-16 Equine Investigator 13840 MS-09 Executive I 13851 MS-19 Executive II 13852 MS-23 Executive Secretary I 14031 MS-08 Executive Secretary II 14032 MS-11 Executive Secretary III 14033 MS-14 Explosives Inspector I 14051 MS-11 Explosives Inspector II 14052 MS-18 Facility Assistant Fire Chief 14430 MS-10 Facility Fire Chief 14433 MS-13 Facility Fire Safety Coordinator 14435 MS-09 Facility Firefighter 14439 MS-07 Ferry Operator I 14801 MS-18 Ferry Operator II 14802 MS-19 Financial Institutions Examiner I 14971 MS-14 Financial Institutions Examiner II 14972 MS-21 Financial Institutions Examiner III 14973 MS-28 Financial Institutions Examiner Trainee 14978 MS-10 Fingerprint Technician 15204 MS-10 Fingerprint Technician Supervisor 15208 MS-18 Fingerprint Technician Trainee 15209 MS-05 Fire Certification Specialist I 1528115285 MS-16 Fire Certification Specialist II 15282 MS-18 Fire Certification Specialist Supervisor 15283 MS-22 Fire Prevention Inspector I 15316 MS-13 Fire Prevention Inspector II 15317 MS-20 Fire Prevention Inspector Trainee 15320 MS-10 Fire Protection Specialist I 15351 MS-14

ILLINOIS REGISTER 16092 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Flight Safety Coordinator 15640 MS-28 Florist II 15652 MS-08 Foreign Service Economic Development Executive I 15871 MS-32 Foreign Service Economic Development Executive II 15872 MS-34 Foreign Service Economic Development Representative 15875 MS-30 Forensic Science Administrator I 15911 MS-31 Forensic Science Administrator II 15912 MS-32 Forensic Scientist I 15891 MS-19 Forensic Scientist II 15892 MS-23 Forensic Scientist III 15893 MS-28 Forensic Scientist Trainee 15897 MS-12 Gaming Licensing Analyst 17171 MS-10 Gaming Senior Special Agent 17191 MS-29 Gaming Special Agent 17192 MS-21 Gaming Special Agent Trainee 17195 MS-11 Geographic Information Specialist I 17271 MS-21 Geographic Information Specialist II 17272 MS-29 Geographic Information Trainee 17276 MS-12 Governmental Career Trainee 17325 MS-09 Graduate Pharmacist 17345 MS-23 Graphic Arts Designer 17366 MS-11 Graphic Arts Designer Advanced 17370 MS-14 Graphic Arts Designer Supervisor 17365 MS-19 Graphic Arts Technician 17400 MS-09 Grounds Supervisor 17549 MS-18 Guard I 17681 MS-04 Guard II 17682 MS-06 Guard III 17683 MS-09 Guard Supervisor 17685 MS-11 Guardianship Representative 17710 MS-16 Guardianship Supervisor 17720 MS-24 Habilitation Program Coordinator 17960 MS-16 Handicapped Services Representative I 17981 MS-08 Health Facilities Surveillance Nurse 18150 MS-22 Health Facilities Surveyor I 18011 MS-14 Health Facilities Surveyor II 18012 MS-21 Health Facilities Surveyor III 18013 MS-23 Health Information Associate 18045 MS-07 Health Information Technician 18047 MS-09

ILLINOIS REGISTER 16093 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Health Services Investigator I, Option A − General 18181 MS-21 Health Services Investigator I, Option B − Controlled 18182 MS-23 Substance Inspector Health Services Investigator II, Option A − General 18185 MS-28 Health Services Investigator II, Option B − Controlled 18186 MS-28 Substance Inspector Health Services Investigator II, Option C − Pharmacy 18187 MS-32 Health Services Investigator II, Option D − 18188 MS-32 Pharmacy/Controlled Substance Inspector Hearing and Speech Advanced Specialist 18227 MS-28 Hearing and Speech Associate 18231 MS-19 Hearing and Speech Specialist 18233 MS-23 Hearing and Speech Technician I 18261 MS-04 Hearing and Speech Technician II 18262 MS-06 Hearings Referee 18300 MS-29 Hearings Referee − Intermittent 18301 MS-29 Heavy Construction Equipment Operator 18465 MS-18 Highway Construction Supervisor I 18525 MS-25 Highway Construction Supervisor II 18526 MS-30 Highway Maintainer 18639 MS-18 Highway Maintenance Lead Worker 18659 MS-18 Historical Documents Conservator I 18981 MS-10 Historical Exhibits Designer 18985 MS-12 Historical Library Chief Of Acquisitions 18987 MS-21 Historical Research Editor II 19002 MS-11 Historical Research Specialist 19008 MS-23 Housekeeper II 19602 MS-03 Human Relations Representative 19670 MS-14 Human Resources Assistant 19690 MS-05 Human Resources Associate 19691 MS-08 Human Resources Trainee 19694 MS-04 Human Rights Investigator I 19774 MS-14 Human Rights Investigator II 19775 MS-19 Human Rights Investigator III 19776 MS-21 Human Rights Mediation Supervisor 19769 MS-23 Human Rights Mediator 19771 MS-16 Human Rights Specialist I 19778 MS-11 Human Rights Specialist II 19779 MS-14 Human Rights Specialist III 19780 MS-19

ILLINOIS REGISTER 16094 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Human Services Casework Manager 19788 MS-23 Human Services Caseworker 19785 MS-14 Human Services Grants Coordinator I 19791 MS-11 Human Services Grants Coordinator II 19792 MS-16 Human Services Grants Coordinator III 19793 MS-23 Human Services Grants Coordinator Trainee 19796 MS-09 Human Services Sign Language Interpreter 19810 MS-14 Iconographer 19880 MS-09 Industrial and Community Development Representative I 21051 MS-16 Industrial and Community Development Representative II 21052 MS-21 Industrial Commission Reporter 21080 MS-14 Industrial Commission Technician 21095 MS-08 Industrial Services Consultant I 21121 MS-11 Industrial Services Consultant II 21122 MS-14 Industrial Services Consultant Trainee 21125 MS-08 Industrial Services Hygienist 21127 MS-21 Industrial Services Hygienist Technician 21130 MS-14 Industrial Services Hygienist Trainee 21133 MS-09 Information Services Intern 21160 MS-12 Information Services Specialist I 21161 MS-16 Information Services Specialist II 21162 MS-21 Information Systems Analyst I 21165 MS-25 Information Systems Analyst II 21166 MS-29 Information Systems Analyst III 21167 MS-32 Information Technology/Communications Systems 21216 MS-21 Specialist I Information Technology/Communications Systems 21217 MS-31 Specialist II Inhalation Therapist 21259 MS-05 Inhalation Therapy Supervisor 21260 MS-08 Institutional Helper 21460 MS-05 Institutional Maintenance Worker 21465 MS-05 Instrument Designer 21500 MS-19 Insurance Analyst I 21561 MS-06 Insurance Analyst II 21562 MS-09 Insurance Analyst III 21563 MS-11 Insurance Analyst IV 21564 MS-14 Insurance Analyst Trainee 21566 MS-04 Insurance Company Claims Examiner I 21601 MS-16

ILLINOIS REGISTER 16095 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Insurance Company Claims Examiner II 21602 MS-21 Insurance Company Field Staff Examiner 21608 MS-14 Insurance Company Financial Examiner Trainee 21610 MS-10 Insurance Performance Examiner I 21671 MS-11 Insurance Performance Examiner II 21672 MS-16 Insurance Performance Examiner III 21673 MS-23 Intermittent Clerk 21686 MS-02 Intermittent Laborer (Maintenance) 21687 MS-08 Intermittent Unemployment Insurance Representative 21689 MS-09 Intermittent Unemployment Insurance Technician 21690 MS-04 Internal Auditor I 21721 MS-16 Internal Auditor Trainee 21726 MS-09 Internal Security Investigator I 21731 MS-19 Internal Security Investigator II 21732 MS-25 International Marketing Representative I 21761 MS-11 Janitor I 21951 MS-13 Janitor II 21952 MS-14 Juvenile Justice Chief of Security 21965 MS-31 Juvenile Justice Specialist 21971 MS-20 Juvenile Justice Specialist Intern 21976 MS-13 Juvenile Justice Supervisor 21980 MS-27 Juvenile Justice Youth and Family Specialist Option 1 21991 MS-19 Juvenile Justice Youth and Family Specialist Option 2 21992 MS-23 Juvenile Justice Youth and Family Specialist Supervisor 21995 MS-28 Kidcare Supervisor 22003 MS-23 Labor Conciliator 22750 MS-23 Labor Maintenance Lead Worker 22809 MS-16 Laboratory Assistant 22995 MS-03 Laboratory Associate I 22997 MS-07 Laboratory Associate II 22998 MS-09 Laboratory Equipment Specialist 22990 MS-19 Laboratory Quality Specialist I 23021 MS-21 Laboratory Quality Specialist II 23022 MS-25 Laboratory Research Scientist 23025 MS-29 Laboratory Research Specialist I 23027 MS-21 Laboratory Research Specialist II 23028 MS-25 Laborer (Maintenance) 23080 MS-15 Land Acquisition Agent I 23091 MS-12 Land Acquisition Agent II 23092 MS-19

ILLINOIS REGISTER 16096 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Land Acquisition Agent III 23093 MS-25 Land Reclamation Specialist I 23131 MS-11 Land Reclamation Specialist II 23132 MS-16 Landscape Architect 23145 MS-28 Landscape Planner 23150 MS-21 Laundry Manager I 23191 MS-10 Legal Research Assistant 23350 MS-10 Liability Claims Adjuster I 23371 MS-11 Liability Claims Adjuster II 23372 MS-19 Liability Claims Adjuster Trainee 23375 MS-09 Librarian I 23401 MS-14 Librarian II 23402 MS-19 Library Aide I 23421 MS-03 Library Aide II 23422 MS-04 Library Aide III 23423 MS-05 Library Associate 23430 MS-09 Library Technical Assistant 23450 MS-07 Licensed Practical Nurse I 23551 MS-09 Licensed Practical Nurse II 23552 MS-10 Licensing Assistant 23568 MS-05 Licensing Investigator I 23571 MS-10 Licensing Investigator II 23572 MS-13 Licensing Investigator III 23573 MS-15 Licensing Investigator IV 23574 MS-20 Life Sciences Career Trainee 23600 MS-09 Liquor Control Special Agent I 23751 MS-13 Liquor Control Special Agent II 23752 MS-14 Local Historical Services Representative 24000 MS-16 Local Housing Advisor I 24031 MS-11 Local Housing Advisor II 24032 MS-14 Local Housing Advisor III 24033 MS-19 Local Revenue and Fiscal Advisor I 24101 MS-12 Local Revenue and Fiscal Advisor II 24102 MS-16 Local Revenue and Fiscal Advisor III 24103 MS-21 Lock and Dam Tender 24290 MS-07 Locksmith 24300 MS-16 Lottery Commodities Distributor II 24402 MS-09 Lottery Regional Coordinator 24504 MS-21 Lottery Sales Representative 24515 MS-14

ILLINOIS REGISTER 16097 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Lottery Telemarketing Representative 24520 MS-06 Maintenance Equipment Operator 25020 MS-18 Maintenance Worker 25500 MS-16 Management Operations Analyst I 25541 MS-19 Management Operations Analyst II 25542 MS-23 Management Operations Analyst Trainee 25545 MS-12 Management Systems Specialist 25583 MS-25 Manpower Planner I 25591 MS-11 Manpower Planner II 25592 MS-16 Manpower Planner III 25593 MS-23 Manpower Planner Trainee 25597 MS-09 Manuscripts Manager 25610 MS-21 Meat and Poultry Inspector 26070 MS-10 Meat and Poultry Inspector Supervisor 26073 MS-13 Meat and Poultry Inspector Trainee 26075 MS-07 Mechanical Engineer I 26201 MS-12 Mechanical Engineer II 26202 MS-16 Mechanical Engineer III 26203 MS-21 Medical Administrator I Option C 26400 MS-60 Medical Administrator I Option D 26401 MS-62 Medical Administrator II Option C 26402 MS-61 Medical Administrator II Option D 26403 MS-64 Medical Administrator III 26404 MS-65 Medical Administrator IV 26405 MS-66 Medical Administrator V 26406 MS-67 Medical Assistance Consultant I 26501 MS-10 Medical Assistance Consultant II 26502 MS-14 Medical Assistance Consultant III 26503 MS-21 Mental Health Administrator I 26811 MS-19 Mental Health Administrator II 26812 MS-23 Mental Health Administrator Trainee 26817 MS-14 Mental Health Program Administrator 26908 MS-63 Mental Health Recovery Support Specialist I 26921 MS-16 Mental Health Recovery Support Specialist II 26922 MS-19 Mental Health Specialist I 26924 MS-09 Mental Health Specialist II 26925 MS-11 Mental Health Specialist III 26926 MS-14 Mental Health Specialist Trainee 26928 MS-08 Mental Health Technician I 27011 MS-04

ILLINOIS REGISTER 16098 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Mental Health Technician II 27012 MS-05 Mental Health Technician III 27013 MS-06 Mental Health Technician IV 27014 MS-07 Mental Health Technician V 27015 MS-08 Mental Health Technician VI 27016 MS-09 Mental Health Technician Trainee 27020 MS-03 Meteorologist 27120 MS-19 Methods and Procedures Advisor I 27131 MS-11 Methods and Procedures Advisor II 27132 MS-14 Methods and Procedures Advisor III 27133 MS-23 Methods and Procedures Career Associate I 27135 MS-08 Methods and Procedures Career Associate II 27136 MS-09 Methods and Procedures Career Associate Trainee 27137 MS-06 Metrologist Associate 27146 MS-12 Microbiologist I 27151 MS-14 Microbiologist II 27152 MS-21 Microfilm Laboratory Technician I 27175 MS-04 Microfilm Laboratory Technician II 27176 MS-06 Microfilm Operator I 27181 MS-03 Microfilm Operator II 27182 MS-04 Microfilm Operator III 27183 MS-05 Mine Rescue Station Assistant 28150 MS-07 Motorist Assistance Specialist 28490 MS-05 Musician 28805 MS-05 Natural Resource Technician I 28851 MS-07 Natural Resource Technician II 28852 MS-10 Natural Resources Advanced Specialist 28833 MS-23 Natural Resources Coordinator 28831 MS-12 Natural Resources Education Program Coordinator 28834 MS-23 Natural Resources Grant Coordinator 28835 MS-20 Natural Resources Manager I 28836 MS-23 Natural Resources Manager II 28837 MS-26 Natural Resources Manager III 28838 MS-30 Natural Resources Site Manager I 28841 MS-23 Natural Resources Site Manager II 28842 MS-26 Natural Resources Specialist 28832 MS-19 Nursing Act Assistant Coordinator 29731 MS-25 Nutritionist 29820 MS-19 Occupational Therapist 29900 MS-16

ILLINOIS REGISTER 16099 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Occupational Therapist Program Coordinator 29908 MS-21 Occupational Therapist Supervisor 29910 MS-25 Office Administrative Specialist 29990 MS-09 Office Administrator I 29991 MS-04 Office Administrator II 29992 MS-06 Office Administrator III 29993 MS-08 Office Administrator IV 29994 MS-11 Office Administrator V 29995 MS-12 Office Aide 30005 MS-02 Office Assistant 30010 MS-04 Office Associate 30015 MS-05 Office Clerk 30020 MS-03 Office Coordinator 30025 MS-06 Office Occupations Trainee 30075 MS-01 Office Specialist 30080 MS-08 Optometrist 30300 MS-11 Oral Health Consultant 30317 MS-19 Paralegal Assistant 30860 MS-11 Pension and Death Benefits Technician I 30961 MS-09 Pension and Death Benefits Technician II 30962 MS-21 Pest Control Operator 31810 MS-07 Pharmacy Lead Technician 32009 MS-06 Pharmacy Services Coordinator 32010 MS-32 Pharmacy Technician 32011 MS-04 Photographer 32080 MS-11 Photographic Technician I 32091 MS-08 Photographic Technician II 32092 MS-11 Photographic Technician III 32093 MS-12 Physical Therapist 32145 MS-16 Physical Therapist Program Coordinator 32153 MS-21 Physical Therapy Aide I 32191 MS-03 Physical Therapy Aide II 32192 MS-05 Physical Therapy Aide III 32193 MS-08 Physician 32200 MS-36 Physician Assistant 32210 MS-27 Physician Specialist − Option A 32221 MS-37 Physician Specialist − Option B 32222 MS-38 Physician Specialist − Option C 32223 MS-61 Physician Specialist − Option D 32224 MS-63

ILLINOIS REGISTER 16100 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Physician Specialist − Option E 32225 MS-65 Plant and Pesticide Specialist I 32501 MS-15 Plant and Pesticide Specialist II 32502 MS-20 Plant and Pesticide Specialist Supervisor 32506 MS-20 Plumbing Consultant 32910 MS-28 Plumbing Inspector 32915 MS-22 Podiatrist 32960 MS-11 Police Lieutenant 32977 MS-31 Police Officer I 32981 MS-15 Police Officer II 32982 MS-20 Police Officer III 32983 MS-24 Police Officer Trainee 32985 MS-06 Police Training Specialist 32990 MS-16 Polygraph Examiner I 33001 MS-20 Polygraph Examiner II 33002 MS-24 Polygraph Examiner III 33003 MS-28 Polygraph Examiner Trainee 33005 MS-12 Power Shovel Operator 33360 MS-18 Private Secretary I 34201 MS-13 Private Secretary II 34202 MS-18 Procurement Representative 34540 MS-06 Products and Standards Inspector 34603 MS-11 Products and Standards Inspector Trainee 34605 MS-09 Program Integrity Auditor I 34631 MS-14 Program Integrity Auditor II 34632 MS-21 Program Integrity Auditor Trainee 34635 MS-09 Project Designer 34725 MS-21 Property and Supply Clerk I 34791 MS-03 Property and Supply Clerk II 34792 MS-04 Property and Supply Clerk III 34793 MS-05 Property Consultant 34900 MS-12 Psychologist Associate 35626 MS-12 Psychologist I 35611 MS-16 Psychologist II 35612 MS-23 Psychologist III 35613 MS-28 Psychology Intern 35660 MS-15 Public Administration Intern 35700 MS-11 Public Aid Eligibility Assistant 35825 MS-05 Public Aid Investigator 35870 MS-21

ILLINOIS REGISTER 16101 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Public Aid Investigator Trainee 35874 MS-11 Public Aid Lead Casework Specialist 35880 MS-16 Public Aid Program Quality Analyst 35890 MS-21 Public Aid Quality Control Reviewer 35892 MS-16 Public Aid Quality Control Supervisor 35900 MS-21 Public Aid Staff Development Specialist I 36071 MS-12 Public Aid Staff Development Specialist II 36072 MS-16 Public Aid Staff Development Specialist III 36073 MS-22 Public Health Educator 36430 MS-21 Public Health Educator Associate 36434 MS-11 Public Health Program Specialist I 36611 MS-11 Public Health Program Specialist II 36612 MS-14 Public Health Program Specialist III 36613 MS-21 Public Health Program Specialist Trainee 36615 MS-09 Public Information Coordinator 36750 MS-19 Public Information Officer I 37001 MS-09 Public Information Officer II 37002 MS-11 Public Information Officer III 37003 MS-21 Public Information Officer IV 37004 MS-25 Public Safety Inspector 37007 MS-14 Public Safety Inspector Trainee 37010 MS-07 Public Service Trainee 37025 MS-01 Race Track Maintainer I 37551 MS-10 Race Track Maintainer II 37552 MS-12 Radiologic Technologist 37500 MS-08 Radiologic Technologist Chief 37505 MS-17 Radiologic Technologist Program Coordinator 37507 MS-09 Railroad Safety Specialist I 37601 MS-21 Railroad Safety Specialist II 37602 MS-25 Railroad Safety Specialist III 37603 MS-29 Railroad Safety Specialist IV 37604 MS-32 Ranger 37725 MS-10 Real Estate Investigator 37730 MS-21 Real Estate Professions Examiner 37760 MS-28 Recreation Worker I 38001 MS-09 Recreation Worker II 38002 MS-11 Refrigeration and Air Conditioning Repairer 38119 MS-12 Registered Nurse − Advanced Practice 38135 MS-26 Registered Nurse I 38131 MS-18

ILLINOIS REGISTER 16102 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Registered Nurse II 38132 MS-22 Rehabilitation Case Coordinator I 38141 MS-05 Rehabilitation Case Coordinator II 38142 MS-07 Rehabilitation Counselor 38145 MS-16 Rehabilitation Counselor Aide I 38155 MS-06 Rehabilitation Counselor Aide II 38156 MS-08 Rehabilitation Counselor Senior 38158 MS-21 Rehabilitation Counselor Trainee 38159 MS-12 Rehabilitation Services Advisor I 38176 MS-23 Rehabilitation Workshop Instructor I 38192 MS-05 Rehabilitation Workshop Instructor II 38193 MS-09 Rehabilitation Workshop Supervisor I 38194 MS-09 Rehabilitation Workshop Supervisor II 38195 MS-11 Rehabilitation Workshop Supervisor III 38196 MS-14 Rehabilitation/Mobility Instructor 38163 MS-21 Rehabilitation/Mobility Instructor Trainee 38167 MS-12 Reimbursement Officer I 38199 MS-11 Reimbursement Officer II 38200 MS-14 Reproduction Service Supervisor I 38201 MS-10 Reproduction Service Supervisor II 38202 MS-18 Reproduction Service Technician I 38203 MS-03 Reproduction Service Technician II 38204 MS-06 Reproduction Service Technician III 38205 MS-08 Research Economist I 38207 MS-19 Research Fellow, Option B 38211 MS-19 Research Scientist I 38231 MS-10 Research Scientist II 38232 MS-14 Research Scientist III 38233 MS-23 Resident Physician 38270 MS-15 Residential Care Program Supervisor I 38271 MS-22 Residential Care Worker 38277 MS-09 Residential Care Worker Trainee 38279 MS-05 Resource Planner I 38281 MS-16 Resource Planner II 38282 MS-21 Resource Planner III 38283 MS-28 Retirement System Disability Specialist 38310 MS-21 Revenue Audit Supervisor 38369 MS-32 Revenue Auditor I 38371 MS-14 Revenue Auditor II 38372 MS-21

ILLINOIS REGISTER 16103 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Revenue Auditor III 38373 MS-28 Revenue Auditor Trainee 38375 MS-09 Revenue Collection Officer I 38401 MS-12 Revenue Collection Officer II 38402 MS-16 Revenue Collection Officer III 38403 MS-21 Revenue Collection Officer Trainee 38405 MS-09 Revenue Computer Audit Specialist 38425 MS-29 Revenue Senior Special Agent 38557 MS-29 Revenue Special Agent 38558 MS-21 Revenue Special Agent Trainee 38565 MS-11 Revenue Tax Specialist I 38571 MS-09 Revenue Tax Specialist II 38572 MS-11 Revenue Tax Specialist III 38573 MS-16 Revenue Tax Specialist Trainee 38575 MS-07 Safety Responsibility Analyst 38910 MS-09 Safety Responsibility Analyst Supervisor 38915 MS-11 School Psychologist 39200 MS-21 Security Guard I 39851 MS-13 Security Guard II 39852 MS-14 Security Officer 39870 MS-10 Security Officer Chief 39875 MS-13 Security Officer Lieutenant 39876 MS-11 Security Officer Sergeant 39877 MS-10 Security Therapy Aide I 39901 MS-10 Security Therapy Aide II 39902 MS-11 Security Therapy Aide III 39903 MS-13 Security Therapy Aide IV 39904 MS-16 Security Therapy Aide Trainee 39905 MS-06 Seed Analyst I 39951 MS-09 Seed Analyst II 39952 MS-10 Seed Analyst Trainee 39953 MS-07 Senior Ranger 40090 MS-11 Sex Offender Therapist I 40531 MS-16 Sex Offender Therapist II 40532 MS-21 Shift Supervisor 40800 MS-31 Sign Shop Foreman 41000 MS-12 Silk Screen Operator 41020 MS-17 Site Assistant Superintendent I 41071 MS-12 Site Assistant Superintendent II 41072 MS-16

ILLINOIS REGISTER 16104 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Site Interpreter 41090 MS-07 Site Interpretive Coordinator 41093 MS-10 Site Security Officer 41115 MS-06 Site Services Specialist I 41117 MS-12 Site Services Specialist II 41118 MS-16 Site Superintendent I 41211 MS-20 Site Superintendent II 41212 MS-25 Site Superintendent III 41213 MS-29 Site Technician I 41131 MS-07 Site Technician II 41132 MS-09 Small Engine Mechanic 41150 MS-10 Social Service Aide I 41281 MS-05 Social Service Aide II 41282 MS-08 Social Service Aide Trainee 41285 MS-03 Social Service Community Planner 41295 MS-08 Social Service Consultant I 41301 MS-19 Social Service Consultant II 41302 MS-21 Social Service Program Planner I 41311 MS-12 Social Service Program Planner II 41312 MS-16 Social Service Program Planner III 41313 MS-23 Social Service Program Planner IV 41314 MS-28 Social Services Career Trainee 41320 MS-09 Social Worker I 41411 MS-16 Social Worker II 41412 MS-21 Social Worker III 41413 MS-23 Social Worker IV 41414 MS-28 Social Worker Intern 41430 MS-15 Staff Development Specialist I 41771 MS-19 Staff Development Technician I 41781 MS-09 Staff Development Technician II 41782 MS-12 Staff Pharmacist 41787 MS-31 State Mine Inspector 42230 MS-21 State Mine Inspector-At-Large 42240 MS-31 State Police Crime Information Evaluator 41801 MS-08 State Police Evidence Technician I 41901 MS-09 State Police Evidence Technician II 41902 MS-10 State Police Field Specialist I 42001 MS-19 State Police Field Specialist II 42002 MS-23 Statistical Research Specialist I 42741 MS-09

ILLINOIS REGISTER 16105 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Statistical Research Specialist II 42742 MS-11 Statistical Research Specialist III 42743 MS-16 Statistical Research Supervisor 42745 MS-23 Statistical Research Technician 42748 MS-08 Storage Tank Safety Specialist 43005 MS-19 Storekeeper I 43051 MS-11 Storekeeper II 43052 MS-12 Storekeeper III 43053 MS-13 Stores Clerk 43060 MS-03 Student Intern 43190 MS-01 Student Worker 43200 MS-01 Supervising Vehicle Testing Compliance Officer 43680 MS-22 Support Service Coordinator I 44221 MS-07 Support Service Coordinator II 44222 MS-09 Support Service Lead 44225 MS-04 Support Service Worker 44238 MS-03 Switchboard Chief Operator 44410 MS-11 Switchboard Operator I 44411 MS-03 Switchboard Operator II 44412 MS-04 Switchboard Operator III 44413 MS-06 Technical Advisor Advanced Program Specialist 45256 MS-31 Technical Advisor I 45251 MS-19 Technical Advisor II 45252 MS-23 Technical Advisor III 45253 MS-29 Technical Manager I 45261 MS-18 Telecommunications Specialist 45295 MS-12 Telecommunications Supervisor 45305 MS-23 Telecommunications Systems Analyst 45308 MS-16 Telecommunications Systems Technician I 45312 MS-07 Telecommunications Systems Technician II 45313 MS-10 Telecommunications Systems Technician Trainee 45314 MS-05 Telecommunicator 45321 MS-09 Telecommunicator − Command Center 45316 MS-10 Telecommunicator Call Taker 45322 MS-11 Telecommunicator Lead Call Taker 45323 MS-14 Telecommunicator Lead Specialist 45327 MS-16 Telecommunicator Lead Worker 45324 MS-11 Telecommunicator Lead Worker − Command Center 45318 MS-12 Telecommunicator Specialist 45326 MS-12

ILLINOIS REGISTER 16106 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Telecommunicator Trainee 45325 MS-07 Terrorism Research Specialist I 45371 MS-19 Terrorism Research Specialist II 45372 MS-23 Terrorism Research Specialist III 45373 MS-28 Terrorism Research Specialist Trainee 45375 MS-11 Transportation Officer 45830 MS-11 Truck Weighing Inspector 46100 MS-10 Unemployment Insurance Adjudicator I 47001 MS-08 Unemployment Insurance Adjudicator II 47002 MS-10 Unemployment Insurance Adjudicator III 47003 MS-12 Unemployment Insurance Revenue Analyst I 47081 MS-12 Unemployment Insurance Revenue Analyst II 47082 MS-16 Unemployment Insurance Revenue Specialist 47087 MS-10 Unemployment Insurance Special Agent 47096 MS-19 Utility Engineer I 47451 MS-20 Utility Engineer II 47452 MS-24 Vehicle Compliance Inspector 47570 MS-15 Vehicle Emission Compliance Inspector 47580 MS-10 Vehicle Emission Compliance Supervisor 47583 MS-12 Vehicle Emission Quality Assurance Auditor 47584 MS-10 Vehicle Permit Evaluator 47585 MS-08 Veterans Educational Specialist I 47681 MS-12 Veterans Educational Specialist II 47682 MS-16 Veterans Educational Specialist III 47683 MS-25 Veterans Employment Representative I 47701 MS-11 Veterans Employment Representative II 47702 MS-14 Veterans Nursing Assistant − Certified 47750 MS-05 Veterans Service Officer 47800 MS-11 Veterans Service Officer Associate 47804 MS-10 Veterinarian I 47901 MS-19 Veterinarian II 47902 MS-23 Veterinarian III 47903 MS-25 Veterinary Consumer Safety Officer 47911 MS-20 Veterinary Pathologist 47916 MS-29 Veterinary Supervisor I 47917 MS-25 Veterinary Supervisor II 47918 MS-26 Vision/Hearing Consultant I 47941 MS-14 Vision/Hearing Consultant II 47942 MS-23 Vision/Hearing Consultant III 47943 MS-25

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Vital Records Quality Control Inspector 48000 MS-10 Vocational Instructor 48200 MS-09 Volunteer Services Coordinator I 48481 MS-10 Volunteer Services Coordinator II 48482 MS-14 Volunteer Services Coordinator III 48483 MS-19 Wage Claims Specialist 48770 MS-06 Warehouse Claims Specialist 48780 MS-22 Warehouse Examiner 48881 MS-13 Warehouse Examiner Specialist 48882 MS-18 Warehouse Examiner Supervisor 48786 MS-20 Waterways Construction Supervisor I 49061 MS-14 Waterways Construction Supervisor II 49062 MS-19 Weatherization Specialist I 49101 MS-11 Weatherization Specialist II 49102 MS-16 Weatherization Specialist III 49103 MS-23 Weatherization Specialist Trainee 49105 MS-09 Well Inspector I 49421 MS-11 Well Inspector II 49422 MS-18 Workers Compensation Insurance Compliance 49640 MS-23 Investigator

NOTE: Effective January 1, 2008, the merit compensation grade 12 in the Personnel Code [20 ILCS 415/8b.18(a) and (b) and 8b.19(a) and (b)] that formerly was indicated by MC-12 is MS-32.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 310.415 Merit Compensation Salary Range Assignments

a) Emergency, Temporary or Provisional Positions – When a position is allocated to a title only assigned to a bargaining unit pay grade and the agency is to appoint an employee to the position on an Emergency (80 Ill. Adm. Code 302.150(b)), Temporary (80 Ill. Adm. Code 302.150(c)) or Provisional (80 Ill. Adm. Code 302.150(d)) basis, a merit compensation salary range to be used for the position shall be assigned to the title as approved by the Director of Central Management Services. The approval of the merit compensation salary range assignment shall be after comparing the highest maximum base salary within the bargaining unit pay grade assigned the title with the maximum base salary in the merit compensation salary range that is not more than the highest maximum base salary

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within the bargaining unit pay grade and after considering the merit compensation salary ranges assigned to other titles in the same classification series and the merit compensation salary ranges assigned to other titles assigned the same bargaining unit pay grade. The titles and their merit compensation salary range assignments from the previous and anticipated fiscal years shall be listed in the Section 310.410 proposed amendments to the Pay Plan for adoption at the beginning of each fiscal year.

b) Trainee Program Titles – When a classification is established as a Trainee Program (80 Ill. Adm. Code 302.170), the merit compensation salary range assigned to the Trainee Program title shall be approved by the Director of Central Management Services. The approval shall be based on the recommendation of the agency head where the Trainee Program is established, comparison of the salary ranges assigned to other Trainee Program titles, and the maximum base salary in the recommended merit compensation salary range normally being less than the in-hirein-hiring rate or the minimum base salary of the targeted classification title for which training is being conducted.

c) Positions excluded from bargaining unit representation by the Illinois Labor Relations Board – When a position is allocated to a title only assigned to a bargaining unit pay grade and the agency or the position is excluded from bargaining unit representation by the Illinois Labor Relations Board, a merit compensation salary range to be used for the position shall be assigned to the title as approved by the Director of Central Management Services. The approval of the merit compensation salary range assignment shall be made using the provisions in subsection (a) if the title is not a Trainee Program title or subsection (b) if the title is a Trainee Program title.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 310.490 Other Pay Provisions

a) Transfer – Upon assignment of an employee to a vacant position in a class with the same salary range as the class for the position being vacated, the employee's base salary will not be changed. Upon separation and subsequent appointment to a position in the same salary range, no increase in salary will be given.

b) Entrance Base Salary –

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1) When a candidate only meets the minimum requirements of the class specification upon entry to State service, an employee's entrance base salary is the in-hirein-hiring rate or the minimum base salary of the salary range.

2) Qualifications Above Minimum Requirements – If a candidate possesses directly-related education and experience in excess of the minimum requirements of the class specification, the employing agency may offer the candidate an entrance base salary that is not more than 5% above the candidate's current base salary. Any deviation from the 5% maximum is a special salary adjustment (see Section 310.470).

3) Area Differential – For positions where additional compensation is required because of dissimilar economic or other conditions in the geographical area in which the positions are established, a higher entrance salary may be authorized by the Director of Central Management Services. Present employees receiving less than the new rate of pay shall be advanced to the new rate. c) Geographical Transfer – Upon geographical transfer from or to an area for which additional compensation has been authorized, an employee will receive an adjustment to the appropriate salary level for the new geographical area of assignment, effective the first day of the month following the date of assignment.

d) Differential and Overtime Pay – An eligible employee may have an amount added to the base salary for a given pay period for work performed in excess of the normal requirements for the position and work schedule, as follows:

1) Shift Differential Pay – An employee may be paid an amount in addition to the base salary for work performed on a regularly scheduled second or third shift. The additional compensation will be at a rate and in a manner approved by the Director of Central Management Services. The Director of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstances.

2) Overtime Pay −

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A) Eligibility − The Director of Central Management Services shall maintain a listing of classes of positions subject to the provisions of the Merit Compensation System that are eligible for overtime compensation. Classes in salary ranges MS-23 and below are eligible for straight-time overtime unless exceptions are determined by the Director of Central Management Services or federal guidelines. Employees in these classes of positions who are assigned and perform work in excess of the normal work schedule as established by the agency shall be compensated at a straight-time rate on either a cash or compensatory time-off basis for all hours worked in excess of a normal work week. Overtime in less than one-half hour increments per day shall not be accrued. Classes in MS-24 and above are not eligible for overtime unless required by federal regulation or approved by the Director of Central Management Services. Exceptions must be requested by the employing agency and will be determined on the basis of the special nature of the situation, a substantial need to provide overtime compensation and a significant number of hours worked beyond the normal work schedule, and will be granted only for a specified time period for which the special situation is expected to exist.

B) Compensatory Time − Employees who are eligible for compensatory time may request such time, which may be granted by the agency at its discretion, considering, among other things, its operating needs. Compensatory time shall be taken within the fiscal year it was earned at a time convenient to the employee and consistent with the operating needs of the agency. Compensatory time shall be accrued at the rate in which it is earned (straight time or time and a half), but shall not exceed 120 hours in any fiscal year. Compensatory time approved for non-union employees will be earned after 40 actual work hours in a workweek. Compensatory time not used by the end of the fiscal year in which it was earned shall be liquidated and paid in cash at the rate it was earned. Time spent in travel outside the normal work schedule shall not be accrued as compensatory time except as provided by labor contracts and the Federal Fair Labor Standards Act. At no time are overtime hours or compensatory time to be transferred from one agency to another agency.

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e) Equivalent Earned Time –

1) Eligibility – Employees who are non-union or represented by the VR-704 bargaining unit, exempt under the Federal Fair Labor Standards Act, and in positions not eligible for overtime compensation may receive equivalent earned time for hours worked in excess of the hours per week indicated in the approved work schedule (80 Ill. Adm. Code 303.300) assigned to the employee.

2) Accrual –

A) Employees who are eligible for equivalent earned time shall request that time before working in excess of the hours per week indicated in the approved work schedule (80 Ill. Adm. Code 303.300) assigned to the employee. Requests for equivalent earned time may be granted by the agency at its discretion, considering its operating needs. Equivalent earned time shall be accrued at straight time only to a maximum of 160 hours at any time.

B) Equivalent earned time will accrue in no less than one-quarter hour increments. Time spent in travel outside the normal work schedule shall not be counted toward accrual of equivalent earned time.

3) Compensation – Any approved equivalent earned time shall be taken at a time convenient to the employee and consistent with the operating needs of the agency. The equivalent earned time may be taken in increments of not less than one-quarter hour after a minimum use of one-half hour any time after it is earned. At no time is equivalent earned time to be converted into cash payment or transferred from one agency to another agency.

4) Employees in Positions Represented by an American Federation of State, County and Municipal Employees Bargaining Unit − Employees shall retain their equivalent earned time upon their positions' representation by an American Federation of State, County and Municipal Employees bargaining unit. The use of the equivalent earned time is approved by supervisors, prior to other benefit time excluding sick and personal

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business leave, in increments of fifteen minutes after the initial use of one- half hour, and granted under the same criteria as vacation time. Employees may substitute equivalent earned time for sick leave in accordance to sick leave policies and procedures. f) Part-Time Work – Part-time employees whose base salary is other than an hourly or daily basis shall be paid on a daily rate basis computed by dividing the annual rate of salary by the total number of work days in the year. g) Out-of-State Assignment – Employees who are assigned to work out-of-state on a temporary basis may receive an appropriate differential during the period of the assignment, as approved by the Director of Central Management Services. The Director of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstance.

g)h) Lump Sum Payment – Lump sum payment shall be provided for accrued vacation, sick leave and unused compensatory overtime at the current base rate to those employees separated from employment under the Personnel Code. Leaves of absence and temporary layoff (per 80 Ill. Adm. Code 302.510) are not separations and therefore lump sum payments cannot be given in these transactions. Methods of computation are explained in Section 310.520(a).

AGENCY NOTE: The method to be used in computing lump sum payment for accrued vacation, sick leave and unused compensatory overtime for an incumbent entitled to shift differential during the regular work hours will be to use the current base salary plus the shift differential pay. Sick leave earned prior to January 1, 1984 and after December 31, 1997 is not compensable. Sick leave earned and not used between January 1, 1984 and December 31, 1997 will be compensable at the current base daily rate times one-half of the total number of compensable sick days.

h)i) Salary Treatment upon Return from Leave –

1) An employee returning from Military Leave (80 Ill. Adm. Code 302.220 and 303.170), Peace Corps Leave (80 Ill. Adm. Code 302.230), Service- Connected Disability Leave (80 Ill. Adm. Code 303.135), Educational Leave (80 Ill. Adm. Code 302.215), Disaster Service Leave with Pay (80

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Ill. Adm. Code 303.175), Family Responsibility Leave (80 Ill. Adm. Code 303.148), Leave to accept a temporary, emergency, provisional, exempt (80 Ill. Adm. Code 303.155) or trainee position, Leave to serve in domestic peace or job corps (80 Ill. Adm. Code 302.230) or leave to serve in an interim assignment will have the employee's salary established as determined appropriate by the employing agency and approved by the Director of Central Management Services. However, in no event is the resulting salary to be lower than the minimum rate or higher than the maximum rate of the salary range. Creditable service date will be maintained.

2) An employee returning to the employee's former salary range from any other leave (not mentioned in subsection (hi)(1)) of over 14 days will be placed at the salary which the employee received prior to the leave and the creditable service date will be extended by the duration of the leave. i)j) Employees in classes that are made subject to the Merit Compensation System will retain their current salary, except that in no event is the resultant salary to be lower than the minimum rate or higher than the maximum rate of the new salary range. j)k) Temporary Assignment Pay –

1) When Required to Use Second Language Ability – Employees who are bilingual or have the ability to use sign language, Braille, or another second language (e.g., Spanish) and whose job descriptions do not require that they do so shall be paid temporary assignment pay when required to perform duties requiring the ability. The temporary assignment pay received is prorated based on 5% or $100 per month, whichever is greater, in addition to the employee's base rate.

2) When an employee in a position represented by AFSCME (excludes CU- 500) – When an employee in a position represented by an AFSCME (excludes CU-500) bargaining unit and allocated to the Public Service Administrator title is temporarily assigned to a non-bargaining unit position, the time frame shall not exceed nine (9) months, unless mutually agreed otherwise. k)l) Salary Treatment Upon Reemployment –

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1) Upon the reemployment of an employee in a class with the same salary range as the class for the position held before layoff, the employee will be placed at the same salary as held at the time of the layoff, and his or her creditable service date will be adjusted to reflect that time on layoff does not count as creditable service time.

2) Upon the reemployment of an employee in a class at a lower salary range than the range of the class for the position held before layoff, the employee will be placed at the same salary as held at the time of layoff, except that if this exceeds the maximum of the new range, the employee will be placed at that maximum salary. The creditable service date will be adjusted to reflect that time on layoff does not count as creditable service time. l)m) Reinstatement – The salary upon reinstatement should not provide more than a 5% increase over the candidate's current base salary or exceed the salary rate held in the position where previously certified without prior approval of the Director of Central Management Services. In no event is the resulting salary to be lower than the minimum rate or higher than the maximum rate of the salary range. Any deviation from the 5% maximum, except when the resulting salary is the minimum rate of the salary range, is a special salary adjustment (see Section 310.470). m)n) Bilingual Pay – Individual positions whose job descriptions require the use of sign language, Braille, or another second language (e.g., Spanish) shall receive 5% or $100 per month, whichever is greater, in addition to the employee's base rate. n)o) Clothing or Equipment Allowance – An employee may be paid an amount in addition to the employee's base salary to compensate for clothing or equipment that is required in the performance of assigned duties. The amount will be determined by the Director of the employing agency, and will require approval of the Director of Central Management Services. The Director of Central Management Services will approve the manner and rate of this provision after considering the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstance. o)p) Interim Assignment Pay – This subsection of the Pay Plan explains interim

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assignment pay as applied to certified non-bargaining unit employees in a merit compensation (including broad-band) position assigned to perform on a full-time interim basis and be accountable for the higher-level duties and responsibilities of the non-bargaining unit (merit compensation, including broad-band) position. On the effective date of the employee's interim assignment (80 Ill. Adm. Code 302.150(j)), the employee shall receive an adjustment as if the employee received a promotion into the higher range. When assigned to the merit compensation position, the adjustment is an amount not more than 5% of the employee's current base salary. In no event is the resulting salary to be lower than the minimum rate or greater than the maximum rate of the salary range to which the employee is being assigned. Upon interim assignment, the employee's creditable service date shall not change. Any deviation from the 5% maximum, except when the resulting salary is the minimum rate of the salary range, is a special salary adjustment (see Section 310.470).

p)q) International Differential Pay − For positions with a headquarters outside of the United States, a differential shall be made once a month to the base salary of the employee residing outside the United States to compensate for a change in the currency exchange rate.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 310.495 Broad-Band Pay Range Classes

Broad-band pay range classes shall be covered by all provisions of the Merit Compensation System except for the provisions identified in the following subsections:

a) Salary Range − The salary range for broad-band classes shall be as set out in Appendix G.

b) Entrance Base Salary –

1) When a candidate only meets the minimum requirements of the class specification upon entry to State service, an employee's entrance base salary is the in-hirein-hiring rate or the minimum base salary of the salary range.

2) The salary assigned an employee shall take into account the duties, education, training and experience of the employee to assure reasonable

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pay equity among employees in the same class.

3) If a candidate possesses directly-related education and experience in excess of the minimum requirements of the class specification, the employing agency may offer the candidate an entrance base salary that is not more than 5% above the candidate's current base salary. Any deviation from the 5% maximum is a special salary adjustment (see Section 310.470). c) Salary Adjustment for Substantial Additional Duties and Responsibilities within the Same Position or for Transfer to Another Position with Substantial Additional Duties and Responsibilities in the Same Title – An upward salary adjustment that is not more than 5% above the employee's current base salary in a broad-band position classification may be made by the employing agency where the employee's position has been given substantial additional duties and responsibilities but will remain in the same classification or where the employee transfers to another position with substantial additional duties and responsibilities in the same broad-band class. Any deviation from the 5% maximum is a special salary adjustment (see Section 310.470). The salary adjustment shall not change the creditable service date. d) Movement between Salary Systems − Salary treatment on movement of an employee between one position in the broad-band class series and another position outside of the broad-band class series will be as recommended by the employing agency and approved by the Director of Central Management Services. e) Salary Treatment upon Initial Placement of Positions in Other Occupational Broad-Band Classes − For the purpose of establishing salary treatment upon initial placement of positions, it is necessary to determine the "lowest corresponding Merit Compensation grade". The Merit Compensation range with a minimum salary closest to, but not lower than, that of the broad-band range minimum is known as the "lowest corresponding Merit Compensation grade".

1) The incumbent of a position with a current salary range maximum equal to or greater than the maximum of the "lowest corresponding Merit Compensation grade" will be placed in the broad-band range with no change in salary.

2) The incumbent of a position with a current salary range maximum less

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than the maximum of the "lowest corresponding Merit Compensation grade" will be placed in the broad-band range with a 5% increase in current base salary. However, in no event shall the resulting salary be lower than the minimum or higher than the maximum rate of the new salary range. The creditable service date of an employee will not be changed unless an increase of 10% or greater is provided to move the employee to the minimum of the new range. f) Out-of-State Adjustment for Positions allocated to Broad-banded Titles, Not Represented by a Bargaining Unit −

1) Requirements – The out-of-state rate is the base salary for an employee appointed to a position not subject to Section 310.220 but subject to broad-banded Merit Compensation classification titles listed in subsection (f)(4) that require payment in accordance with the economic conditions of another state. The employee shall reside in the state where the position is assigned.

2) Approval – The Director of Central Management Services shall, before approving an adjustment, consider the need of the employing agency, the treatment of other similar situations, prevailing practices of other employers, and the equity of the particular circumstances.

3) Calculation – Ranges assigned to states other than Illinois, California and New Jersey are 15% above the ranges assigned to in-state positions and are listed in subsection (f)(4). Ranges assigned to California and New Jersey are 30% above the ranges assigned to in-state positions and are listed in subsection (f)(4).

4) Minimum and Maximum Out-of-State Rates in Ranges by Classification Title –

Out-Of State Ranges Title Minimum Maximum Public Service Administrator, Option 1 (States Other Than CA and NJ) 3583 9546 (CA, NJ) 4051 10791

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Senior Public Service Administrator (States Other Than CA and NJ) 4939 12075 (CA, NJ) 5584 13650

g) Pay Treatment upon Illinois Labor Relations Board State Panel Revocation of Certification of Representation by a Bargaining Unit – Upon the Illinois Labor Relations Board (ILRB) State Panel issuing a Revocation of Certification of representation by a bargaining unit when an agreement exists between the bargaining unit and the State assigning pay, effective the date of the issuance, the position is subject to the jurisdiction of the Merit Compensation System (Section 310.410) and assigned to the broad-band salary range assigned to the position's classification (Appendix G), and may receive an immediate downward adjustment in base salary (Section 310.480(e)).

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 310.500 Definitions

The following are definitions of certain terms and are for purposes of clarification as they affect the Merit Compensation System only.

"Adjustment in Salary" − A change in salary occasioned by previously committed error or oversight, or required in the best interest of the agency or the state as defined in Sections 310.470 and 310.480.

"Base Salary" − The dollar amount of pay of an employee as determined under the provisions of the Merit Compensation System. Base salary does not include commission, incentive pay, bilingual pay, longevity pay, overtime pay, shift differential pay or deductions for time not worked.

"Bilingual Pay" – The dollar amount per month, or percentage of the employee's monthly base salary, paid in addition to the employee's base salary when the individual position held by the employee has a job description that requires the use of sign language, Braille, or another second language (e.g., Spanish), or that requires the employee to be bilingual.

"Classification" – The classification established based on the Personnel Code [20 ILCS 415/8a(1)] and to which one or more positions are allocated based upon similarity of duties performed, responsibilities assigned and conditions of

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NOTICE OF PROPOSED AMENDMENTS employment. Classification may be abbreviated to "class" and referred to by its title or title code.

"Class Specification" – The document comprising the title, title code, effective date, distinguishing features of work, illustrative examples of work and desirable requirements.

"Creditable Service" − All service in full or regularly scheduled part-time pay status beginning with the date of initial employment or the effective date of the last in-range or promotional salary increase. Reevaluations (Sections 310.460(c) and 310.480(d)), reallocations (Sections 310.460(b) and 310.480(b)), adjustments (Sections 310.470, 310.480(e) and 310.495(c)) and interim assignments (Section 310.490(p)) shall not change the creditable service date.

"Comparable Classes" − Two or more classes that are in the same salary range.

"Demotion" − The assignment for cause of an employee to a vacant position in a class in a lower salary range than the former class.

"Differential" − The additional compensation added to the base salary of an employee resulting from conditions of employment imposed during the normal schedule of work.

"Entrance Base Salary" − The initial base salary assigned to an employee upon entering State service.

"In-hire Rate" – An in-hire rate is a minimum rate/step for a class that is above or below the normal minimum of the range or full scale rate, as approved by the Director of Central Management Services after a review of competitive market starting rates for similar classes or as negotiated between the Director of Central Management Services and a bargaining unit.

"Maximum Rate of Pay" − The highest rate of pay for a given salary range.

"Minimum Rate of Pay" − The lowest rate of pay for a given salary range. Normally the minimum rate of pay represents the salary to be paid a qualified employee who is appointed to a position in a class assigned to a given salary range.

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"Option" − The denotation of directly-related education, experience and/or knowledge, skills and abilities required to qualify for the position allocated to the classification. The requirements may meet or exceed the requirements indicated in the classification specification. The following options are for the Public Service Administrator classification and have a negotiated pay grade and/or a broad-banded salary range assigned:

1 = General Administration/Business Marketing/Labor/Personnel 2 = Fiscal Management/Accounting/Budget/Internal Audit/Insurance/Financial 2B = Financial Regulatory 2C = Economist 3 = Management Information System/Data Processing/ Telecommunications 3J = Java Application Developer 3N = Wide Area Networks 4 = Physical Sciences/Environment 6 = Health and Human Services 6B = Day Care Quality Assurance 6C = Health Statistics 6D = Health Promotion/Disease Prevention 6E = Laboratory Specialist 6F = Infectious Disease 6G = Disaster/Emergency Medical Services 7 = Law Enforcement/Correctional 8A = Special License − Architect License 8B = Special License − Boiler Inspector License 8C = Special License − Certified Public Accountant 8D = Special License − Federal Communications Commission License/National Association of Business and Educational Radio 8E = Special License − Engineer (Professional) 8F = Special License − Federal Aviation Administration Medical Certificate/First Class 8G = Special License − Clinical Professional Counselor 8H = Special License − Environmental Health Practitioner 8I = Special License − Professional Land Surveyor License 8J = Special License − Registered American Dietetic

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Association/Public Health Food Service Sanitation Certificate/Licensed Dietitian 8K = Special License − Licensed Psychologist 8L = Special License − Law License 8N = Special License − Registered Nurse License 8O = Special License − Occupational Therapist License 8P = Special License − Pharmacist License 8Q = Special License − Religious Ordination by Recognized Commission 8R = Special License − Dental Hygienist 8S = Special License − Social Worker/Clinical Social Worker 8T = Special License − Administrative Certificate issued by the Illinois State Board of Education 8U = Special License − Physical Therapist License 8V = Special License − Audiologist License 8W = Special License − Speech-Language Pathologist License 8X = Special License − Blaster Certificate 8Y = Special License − Plumbing License 8Z = Special License − Special Metrologist Training 9A = Special License – Certified Internal Auditor 9B = Special License – Certified Information Systems Auditor 9G = Special License − Registered Professional Geologist License

The following options are for the Senior Public Service Administrator classification and have a negotiated pay grade and/or a broad-banded salary range assigned:

1 = General Administration/Business Marketing/Labor/Personnel 2 = Fiscal Management/Accounting/Budget/ Internal Audit/Insurance/Financial 2B = Financial Regulatory 3 = Management Information System/Data Processing/Telecommunications 4 = Physical Sciences/Environment 5 = Agriculture/Conservation 6 = Health and Human Services 7 = Law Enforcement/Correctional

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8A = Special License – Architect License 8B = Special License – Boiler Inspector License 8C = Special License – Certified Public Accountant/Certified Internal Auditor/Certified Information Systems Auditor 8D = Special License – Dental License 8E = Special License – Engineer (Professional) 8F = Special License – Clinical Professional Counseling 8G = Special License – Geologist License 8H = Special License – Environmental Health Practitioner 8I = Special License – Illinois Auctioneer License 8K = Special License – Licensed Psychologist 8L = Special License – Law License (Illinois) 8M = Special License – Veterinary Medicine License 8N = Special License – Nurse (Registered IL) License 8O = Special License – Occupational Therapist License 8P = Special License – Pharmacist License 8Q = Special License – Nursing Home Administration License 8R = Special License – Real Estate Brokers License 8S = Special License – Social Worker/Clinical Social Worker 8T = Special License – Illinois Teaching Certificate (Type 75)/General Administrative Certificate (Type 61) issued by the Illinois State Board of Education 8Z = Special License – Certified Real Estate Appraisal License

Other classification titles contain an option and the option also may denote differences in the distinguishing features of work indicated in the classification specification. The classification titles containing an option are:

Children and Family Service Intern, Option 1 Children and Family Service Intern, Option 2 Health Services Investigator I, Option A – General Health Services Investigator I, Option B − Controlled Substance Inspector Health Services Investigator II, Option A – General Health Services Investigator II, Option B − Controlled Substance Inspector Health Services Investigator II, Option C – Pharmacy

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Health Services Investigator II, Option D − Pharmacy/Controlled Substance Inspector Juvenile Justice Youth and Family Specialist Option 1 Juvenile Justice Youth and Family Specialist Option 2 Medical Administrator I Option C Medical Administrator I Option D Medical Administrator II Option C Medical Administrator II Option D Physician Specialist − Option A Physician Specialist − Option B Physician Specialist − Option C Physician Specialist − Option D Physician Specialist − Option E Research Fellow, Option B

"Performance Review" − The required review of an employee's on-the-job performance as measured by a specific set of criteria.

"Performance Review Date" − The date on which the annual merit increase and bonus shall be made effective if a performance review indicates it is appropriate. Actual performance review procedures are to be completed prior to the effective date of any recommendation to allow sufficient time for the records to be processed by the originating agency.

"Promotion" − The appointment of an employee, with the approval of the agency and the Department of Central Management Services, to a vacant position in a class in a higher salary range than the former class.

"Reallocation" − The change in the classification of a position resulting from significant changes in assigned duties and responsibilities.

"Reclassification" – The assignment of a position or positions to a different classification based on creation of a new classification or the revision of existing class specification, and approved by the Civil Service Commission.

"Reevaluation" − The assignment of a different salary range to a class of positions based upon a change in relation to other classes or to the labor market.

"Salary Range" − The dollar values encompassed by the minimum and maximum

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rates of pay of a salary range assigned to a class title.

"Transfer" − The assignment of an employee to a vacant position in a class having the same salary range.

"Work Year" − That period of time determined by the agency and filed with the Department of Central Management Services in accordance with 80 Ill. Adm. Code 303.300.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16125 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Section 310.APPENDIX A Negotiated Rates of Pay

Section 310.TABLE E RC-020 (Teamsters Local #330)

Full Scale Rates

Pay Full Title Bargaining Plan Scale Title Code Unit Code Mo. Effective Date Highway Maintainer (Snowbirds) 18639 RC-020 Q 3664.00 January 1, 2010 Highway Maintainer (Snowbirds) 18639 RC-020 Q 3738.00 July 1, 2010 Highway Maintainer (Snowbirds) 18639 RC-020 Q 3850.00 January 1, 2011 Highway Maintainer (Snowbirds) 18639 RC-020 Q 3964.00 July 1, 2011 Highway Maintainer (Snowbirds) 18639 RC-020 Q 4083.00 January 1, 2012 Highway Maintainer (Snowbirds) 18639 RC-020 Q 4205.00 June 30, 2012

NOTE: Snowbirds are all, except those in Kankakee County, seasonal, full-time Highway Maintainers whose primary function is snow removal.

Effective July 1, 2012

Pay Title Plan 75% 80% 85% 90% 95% Full Scale Title Code Code Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Bridge Mechanic 05310 Q 5990 34.43 Bridge Tender 05320 B 5663 32.55 Heavy Q Construction Equipment Operator 18465 6073 34.90 Heavy Q Construction Equipment Operator (Bridge Crew) 18465 6160 35.40 Highway Q Maintainer 18639 4529 26.03 4830 27.76 5132 29.49 5434 31.23 5736 32.97 5947 34.18 Highway Q Maintainer (Bridge Crew) 18639 4555 26.18 4858 27.92 5162 29.67 5466 31.41 5769 33.16 6038 34.70

ILLINOIS REGISTER 16126 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Highway Q Maintainer (Drill Rig) 18639 4460 25.63 4758 27.34 5055 29.05 5352 30.76 5650 32.47 6073 34.90 Highway Q Maintenance Lead Worker 18659 6112 35.13 Highway Q Maintenance Lead Worker (Bridge Crew) 18659 6199 35.63 Highway Q Maintenance Lead Worker (Lead Lead Worker) 18659 6174 35.48 Highway Q Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew) 18659 6261 35.98 Labor B Maintenance Lead Worker 22809 5827 33.49 Laborer B (Maintenance) 23080 5757 33.09 Maintenance B Equipment Operator 25020 5873 33.75 Maintenance Q Equipment Operator 25020 6073 34.90 Maintenance B Worker (DHS) 25500 5879 33.79 Maintenance B Worker (DOT, not Emergency Patrol) 25500 5804 33.36 Power Shovel Q Operator (Maintenance) 33360 6073 34.90 Power Shovel Q Operator (Maintenance) (Bridge Crew) 33360 6160 35.40 Silk Screen B Operator 41020 5999 34.48

ILLINOIS REGISTER 16127 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Effective June 26, 2013

Pay Title Plan 75% 80% 85% 90% 95% Full Scale Title Code Code Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Bridge Mechanic 05310 Q 4493 25.82 4792 27.54 5092 29.26 5391 30.98 5691 32.71 5990 34.43 Bridge Tender 05320 B 4247 24.41 4530 26.03 4814 27.67 5097 29.29 5380 30.92 5663 32.55 Heavy Construction Equipment Operator 18465 Q 4555 26.18 4858 27.92 5162 29.67 5466 31.41 5769 33.16 6073 34.90 Heavy Construction Equipment Operator (Bridge Crew) 18465 Q 4620 26.55 4928 28.32 5236 30.09 5544 31.86 5852 33.63 6160 35.40 Highway Maintainer 18639 Q 4529 26.03 4830 27.76 5132 29.49 5434 31.23 5736 32.97 5947 34.18 Highway Maintainer (Bridge Crew) 18639 Q 4555 26.18 4858 27.92 5162 29.67 5466 31.41 5769 33.16 6038 34.70 Highway Maintainer (Drill Rig) 18639 Q 4460 25.63 4758 27.34 5055 29.05 5352 30.76 5650 32.47 6073 34.90 Highway Maintenance Lead Worker 18659 Q 4584 26.34 4890 28.10 5195 29.86 5501 31.61 5806 33.37 6112 35.13 Highway Maintenance Lead Worker (Bridge Crew) 18659 Q 4649 26.72 4959 28.50 5269 30.28 5579 32.06 5889 33.84 6199 35.63 Highway Maintenance Lead Worker (Lead Lead Worker) 18659 Q 4631 26.61 4939 28.39 5248 30.16 5557 31.94 5865 33.71 6174 35.48 Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew) 18659 Q 4696 26.99 5009 28.79 5322 30.59 5635 32.39 5948 34.18 6261 35.98 Labor Maintenance 22809 B 4370 25.11 4662 26.79 4953 28.47 5244 30.14 5536 31.82 5827 33.49

ILLINOIS REGISTER 16128 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Lead Worker

Laborer (Maintenance) 23080 B 4318 24.82 4606 26.47 4893 28.12 5181 29.78 5469 31.43 5757 33.09 Maintenance Equipment Operator 25020 B 4405 25.32 4698 27.00 4992 28.69 5286 30.38 5579 32.06 5873 33.75 Maintenance Equipment Operator 25020 Q 4555 26.18 4858 27.92 5162 29.67 5466 31.41 5769 33.16 6073 34.90 Maintenance Worker (DHS) 25500 B 4409 25.34 4703 27.03 4997 28.72 5291 30.41 5585 32.10 5879 33.79 Maintenance Worker (DOT, not Emergency Patrol) 25500 B 4353 25.02 4643 26.68 4933 28.35 5224 30.02 5514 31.69 5804 33.36 Power Shovel Operator (Maintenance) 33360 Q 4555 26.18 4858 27.92 5162 29.67 5466 31.41 5769 33.16 6073 34.90 Power Shovel Operator (Maintenance) (Bridge Crew) 33360 Q 4620 26.55 4928 28.32 5236 30.09 5544 31.86 5852 33.63 6160 35.40 Silk Screen Operator 41020 B 4499 25.86 4799 27.58 5099 29.30 5399 31.03 5699 32.75 5999 34.48

Effective July 1, 2013

Pay Title Plan 75% 80% 85% 90% 95% Full Scale Title Code Code Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Bridge Mechanic 05310 Q 4583 26.34 4888 28.09 5194 29.85 5499 31.60 5805 33.36 6110 35.11 Bridge Tender 05320 B 4332 24.90 4621 26.56 4910 28.22 5198 29.87 5487 31.53 5776 33.20 Heavy Construction Equipment Operator 18465 Q 4712 27.08 5026 28.89 5341 30.70 5655 32.50 5969 34.30 6194 35.60 Heavy Construction Equipment Operator (Bridge Crew) 18465 Q 4646 26.70 4955 28.48 5265 30.26 5575 32.04 5884 33.82 6283 36.11 Highway Maintainer 18639 Q 4619 26.55 4927 28.32 5235 30.09 5543 31.86 5851 33.63 6066 34.86

ILLINOIS REGISTER 16129 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Highway Maintainer (Bridge Crew) 18639 Q 4646 26.70 4955 28.48 5265 30.26 5575 32.04 5884 33.82 6159 35.40 Highway Maintainer (Drill Rig) 18639 Q 4550 26.15 4853 27.89 5156 29.63 5459 31.37 5763 33.12 6194 35.60 Highway Maintenance Lead Worker 18659 Q 4790 27.53 5109 29.36 5428 31.20 5747 33.03 6067 34.87 6234 35.83 Highway Maintenance Lead Worker (Bridge Crew) 18659 Q 4723 27.14 5038 28.95 5352 30.76 5667 32.57 5982 34.38 6323 36.34 Highway Maintenance Lead Worker (Lead Lead Worker) 18659 Q 4742 27.25 5058 29.07 5375 30.89 5691 32.71 6007 34.52 6297 36.19 Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew) 18659 Q 4676 26.87 4987 28.66 5299 30.45 5611 32.25 5922 34.03 6386 36.70 Labor Maintenance Lead Worker 22809 B 4458 25.62 4755 27.33 5052 29.03 5350 30.75 5647 32.45 5944 34.16 Laborer (Maintenance) 23080 B 4404 25.31 4698 27.00 4991 28.68 5285 30.37 5578 32.06 5872 33.75 Maintenance Equipment Operator 25020 B 4493 25.82 4792 27.54 5092 29.26 5391 30.98 5691 32.71 5990 34.43 Maintenance Equipment Operator 25020 Q 4646 26.70 4955 28.48 5265 30.26 5575 32.04 5884 33.82 6194 35.60 Maintenance Worker (DHS) 25500 B 4440 25.52 4736 27.22 5032 28.92 5328 30.62 5624 32.32 5997 34.47 Maintenance Worker (DOT, not Emergency Patrol) 25500 B 4498 25.85 4798 27.57 5097 29.29 5397 31.02 5697 32.74 5920 34.02 Power Shovel Operator (Maintenance) 33360 Q 4712 27.08 5026 28.89 5341 30.70 5655 32.50 5969 34.30 6194 35.60

ILLINOIS REGISTER 16130 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Power Shovel Operator (Maintenance) (Bridge Crew) 33360 Q 4646 26.70 4955 28.48 5265 30.26 5575 32.04 5884 33.82 6283 36.11 Silk Screen Operator 41020 B 4589 26.37 4895 28.13 5201 29.89 5507 31.65 5813 33.41 6119 35.17

Effective July 1, 2014

Pay Title Plan 75% 80% 85% 90% 95% Full Scale Title Code Code Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Bridge Mechanic 05310 Q 4674 26.86 4986 28.66 5297 30.44 5609 32.24 5920 34.02 6232 35.82 Bridge Tender 05320 B 4419 25.40 4714 27.09 5008 28.78 5303 30.48 5597 32.17 5892 33.86 Heavy Construction Equipment Operator 18465 Q 4807 27.63 5127 29.47 5448 31.31 5768 33.15 6089 34.99 6318 36.31 Heavy Construction Equipment Operator (Bridge Crew) 18465 Q 4739 27.24 5054 29.05 5370 30.86 5686 32.68 6002 34.49 6409 36.83 Highway Maintainer 18639 Q 4712 27.08 5026 28.89 5340 30.69 5654 32.49 5968 34.30 6187 35.56 Highway Maintainer (Bridge Crew) 18639 Q 4739 27.24 5054 29.05 5370 30.86 5686 32.68 6002 34.49 6282 36.10 Highway Maintainer (Drill Rig) 18639 Q 4640 26.67 4950 28.45 5259 30.22 5568 32.00 5878 33.78 6318 36.31 Highway Maintenance Lead Worker 18659 Q 4886 28.08 5211 29.95 5537 31.82 5863 33.70 6188 35.56 6359 36.55 Highway Maintenance Lead Worker (Bridge Crew) 18659 Q 4817 27.68 5138 29.53 5460 31.38 5781 33.22 6102 35.07 6449 37.06 Highway Maintenance Lead Worker (Lead Lead Worker) 18659 Q 4837 27.80 5159 29.65 5482 31.51 5804 33.36 6127 35.21 6423 36.91

ILLINOIS REGISTER 16131 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew) 18659 Q 4769 27.41 5087 29.24 5405 31.06 5723 32.89 6041 34.72 6514 37.44 Labor Maintenance Lead Worker 22809 B 4547 26.13 4850 27.87 5154 29.62 5457 31.36 5760 33.10 6063 34.84 Laborer (Maintenance) 23080 B 4492 25.82 4791 27.53 5091 29.26 5390 30.98 5690 32.70 5989 34.42 Maintenance Equipment Operator 25020 B 4583 26.34 4888 28.09 5194 29.85 5499 31.60 5805 33.36 6110 35.11 Maintenance Equipment Operator 25020 Q 4739 27.24 5054 29.05 5370 30.86 5686 32.68 6002 34.49 6318 36.31 Maintenance Worker (DHS) 25500 B 4529 26.03 4830 27.76 5132 29.49 5434 31.23 5736 32.97 6117 35.16 Maintenance Worker (DOT, not Emergency Patrol) 25500 B 4588 26.37 4894 28.13 5199 29.88 5505 31.64 5811 33.40 6038 34.70 Power Shovel Operator (Maintenance) 33360 Q 4807 27.63 5127 29.47 5448 31.31 5768 33.15 6089 34.99 6318 36.31 Power Shovel Operator (Maintenance) (Bridge Crew) 33360 Q 4739 27.24 5054 29.05 5370 30.86 5686 32.68 6002 34.49 6409 36.83 Silk Screen Operator 41020 B 4681 26.90 4993 28.70 5305 30.49 5617 32.28 5929 34.07 6241 35.87

Pay Title Bargaining Plan July 1, 2012 July 1, 2013 July 1, 2014 Title Code Unit Code Mo. Hr. Mo. Hr. Mo. Hr. Bridge Mechanic 05310 RC-020 Q 5990 34.43 6110 35.11 6232 35.82 Bridge Tender 05320 RC-020 B 5663 32.55 5776 33.20 5892 33.86 Heavy Construction Equipment Operator 18465 RC-020 Q 607334.90 6194 35.60 6318 36.31

ILLINOIS REGISTER 16132 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Heavy Construction Equipment Operator (Bridge Crew) 18465 RC-020 Q 6160 35.40 6283 36.11 6409 36.83 Highway Maintainer 18639 RC-020 Q 5947 34.18 6066 34.86 6187 35.56 Highway Maintainer (Bridge Crew) 18639 RC-020 Q 603834.70 6159 35.40 6282 36.10 Highway Maintainer (Drill Rig) 18639 RC-020 Q 6073 34.90 6194 35.60 6318 36.31 Highway Maintenance Lead Worker 18659 RC-020 Q 611235.13 6234 35.83 6359 36.55 Highway Maintenance Lead Worker (Bridge Crew) 18659 RC-020 Q 6199 35.63 6323 36.34 6449 37.06 Highway Maintenance Lead Worker (Lead Lead Worker) 18659 RC-020 Q 6174 35.48 6297 36.19 6423 36.91 Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew) 18659 RC-020 Q 6261 35.98 6386 36.70 6514 37.44 Labor Maintenance Lead Worker 22809 RC-020 B 5827 33.49 5944 34.16 6063 34.84 Laborer (Maintenance) 23080 RC-020 B 5757 33.09 5872 33.75 5989 34.42 Maintenance Equipment Operator 25020 RC-020 B 5873 33.75 5990 34.43 6110 35.11 Maintenance Equipment Operator 25020 RC-020 Q 6073 34.90 6194 35.60 6318 36.31 Maintenance Worker (DHS) 25500 RC-020 B 5879 33.79 5997 34.47 6117 35.16 Maintenance Worker (DOT, not Emergency Patrol) 25500 RC-020 B 5804 33.36 5920 34.02 6038 34.70 Power Shovel Operator (Maintenance) 33360 RC-020 Q 607334.90 6194 35.60 6318 36.31 Power Shovel Operator (Maintenance) (Bridge Crew) 33360 RC-020 Q 6160 35.40 6283 36.11 6409 36.83 Silk Screen Operator 41020 RC-020 B 5999 34.48 6119 35.17 6241 35.87

New Hire Rates On employee's "new hire" Pay New Hire anniversary July Plan Between the July 1, 2013 July 1, 2014 2014-June 2015 Title Code Dates Mo. Hr. Mo. Hr. Mo. Hr. Bridge Mechanic Q (7/1/13-6/30/14) 4583 26.34 4674 26.86 4986 28.66 Bridge Mechanic Q (7/1/14-6/30/15) 4674 26.86 Bridge Tender B (7/1/13-6/30/14) 4332 24.90 4419 25.40 4714 27.09 Bridge Tender B (7/1/14-6/30/15) 4419 25.40 Heavy Construction Equipment Operator Q (7/1/13-6/30/14) 4646 26.70 4739 27.24 5054 29.05 Heavy Construction Equipment Operator Q (7/1/14-6/30/15) 4739 27.24

ILLINOIS REGISTER 16133 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Heavy Construction Equipment Operator (Bridge Crew) Q (7/1/13-6/30/14) 4712 27.08 4807 27.63 5127 29.47 Heavy Construction Equipment Operator (Bridge Crew) Q (7/1/14-6/30/15) 4807 27.63 Highway Maintainer Q

On employee's On employee's "new hire" "new hire" anniversary July anniversary July New Hire Between July 1, 2013 2013-June 2014 July 1, 2014 2014-June 2015 the Dates Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. (7/1/09-10/31/09) 5763 33.12 Full Scale Rate Full Scale Rate Full Scale Rate (11/1/09-12/31/09) 5459 31.37 5763 33.12 5878 33.78 Full Scale Rate (1/1/10-6/30/10) 5459 31.37 5763 33.12 5878 33.78 Full Scale Rate (7/1/10-12/31/10) 5156 29.63 5459 31.37 5568 32.00 5878 33.78 (1/1/11-6/30/11) 5156 29.63 5459 31.37 5568 32.00 5878 33.78 (7/1/11-12/31/11) 4853 27.89 5156 29.63 5259 30.22 5568 32.00 (1/1/12-6/30/12) 4853 27.89 5156 29.63 5259 30.22 5568 32.00 (7/1/12-12/31/12) 4550 26.15 4853 27.89 4950 28.45 5259 30.22 (1/1/13-6/30/13) 4550 26.15 4853 27.89 4950 28.45 5259 30.22 (7/1/13-6/30/14) 4550 26.15 4640 26.67 4950 28.45 (7/1/14-6/30/15) 4640 26.67

Pay Plan Title Code Highway Maintainer (Bridge Crew) Q

On employee's On employee's "new hire" "new hire" New Hire anniversary July anniversary July Between the July 1, 2013 2013-June 2014 July 1, 2014 2014-June 2015 Dates Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. (7/1/09-10/31/09) 5851 33.63 Full Scale Rate Full Scale Rate Full Scale Rate (11/1/09-12/31/09) 5543 31.86 5851 33.63 5968 34.30 Full Scale Rate (1/1/10-6/30/10) 5543 31.86 5851 33.63 5968 34.30 Full Scale Rate (7/1/10-12/31/10) 5235 30.09 5543 31.86 5654 32.49 5968 34.30

ILLINOIS REGISTER 16134 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

(1/1/11-6/30/11) 5235 30.09 5543 31.86 5654 32.49 5968 34.30 (7/1/11-12/31/11) 4927 28.32 5235 30.09 5340 30.69 5654 32.49 (1/1/12-6/30/12) 4927 28.32 5235 30.09 5340 30.69 5654 32.49 (7/1/12-12/31/12) 4619 26.55 4927 28.32 5026 28.89 5340 30.69 (1/1/13-6/30/13) 4619 26.55 4927 28.32 5026 28.89 5340 30.69 (7/1/13-6/30/14) 4619 26.55 4712 27.08 5026 28.89 (7/1/14-6/30/15) 4712 27.08

Pay Plan Title Code Highway Maintainer (Drill Rig) Q

On employee's On employee's "new hire" "new hire" anniversary July anniversary July New Hire July 1, 2013 2013-June 2014 July 1, 2014 2014-June 2015 Between the Dates Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. (7/1/09-10/31/09) 5884 33.82 Full Scale Rate Full Scale Rate Full Scale Rate (11/1/09-12/31/09) 5575 32.04 5884 33.82 6002 34.49 Full Scale Rate (1/1/10-6/30/10) 5575 32.04 5884 33.82 6002 34.49 Full Scale Rate (7/1/10-12/31/10) 5265 30.26 5575 32.04 5686 32.68 6002 34.49 (1/1/11-6/30/11) 5265 30.26 5575 32.04 5686 32.68 6002 34.49 (7/1/11-12/31/11) 4955 28.48 5265 30.26 5370 30.86 5686 32.68 (1/1/12-6/30/12) 4955 28.48 5265 30.26 5370 30.86 5686 32.68 (7/1/12-12/31/12) 4646 26.70 4955 28.48 5054 29.05 5370 30.86 (1/1/13-6/30/13) 4646 26.70 4955 28.48 5054 29.05 5370 30.86 (7/1/13-6/30/14) 4646 26.70 4739 27.24 5054 29.05 (7/1/14-6/30/15) 4739 27.24

On employee's "new hire" Pay anniversary July Plan New Hire Between July 1, 2013 July 1, 2014 2014-June 2015 Title Code the Dates Mo. Hr. Mo. Hr. Mo. Hr. Highway Maintenance Lead Worker Q (7/1/13-6/30/14) 4676 26.87 4769 27.41 5087 29.24 Highway Maintenance Lead Worker Q (7/1/14-6/30/15) 4769 27.41

ILLINOIS REGISTER 16135 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Highway Maintenance Lead Worker (Bridge Crew) Q (7/1/13-6/30/14) 4742 27.25 4837 27.80 5159 29.65 Highway Maintenance Lead Worker (Bridge Crew) Q (7/1/14-6/30/15) 4837 27.80 Highway Maintenance Lead Worker (Lead Lead Worker) Q (7/1/13-6/30/14) 4723 27.14 4817 27.68 5138 29.53 Highway Maintenance Lead Worker (Lead Lead Worker) Q (7/1/14-6/30/15) 4817 27.68 Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew) Q (7/1/13-6/30/14) 4790 27.53 4886 28.08 5211 29.95 Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew) Q (7/1/14-6/30/15) 4886 28.08 Labor Maintenance Lead Worker B (7/1/13-6/30/14) 4458 25.62 4547 26.13 4850 27.87 Labor Maintenance Lead Worker B (7/1/14-6/30/15) 4547 26.13 Laborer (Maintenance) B (7/1/13-6/30/14) 4404 25.31 4492 25.82 4791 27.53 Laborer (Maintenance) B (7/1/14-6/30/15) 4492 25.82 Maintenance Equipment Operator B (7/1/13-6/30/14) 4493 25.82 4583 26.34 4888 28.09 Maintenance Equipment Operator B (7/1/14-6/30/15) 4583 26.34 Maintenance Equipment Operator Q (7/1/13-6/30/14) 4646 26.70 4739 27.24 5054 29.05 Maintenance Equipment Operator Q (7/1/14-6/30/15) 4739 27.24 Maintenance Worker (DHS) B (7/1/13-6/30/14) 4498 25.85 4588 26.37 4894 28.13 Maintenance Worker (DHS) B (7/1/14-6/30/15) 4588 26.37 Maintenance Worker (DOT, not Emergency Patrol) B (7/1/13-6/30/14) 4440 25.52 4529 26.03 4830 27.76 Maintenance Worker (DOT, not Emergency B (7/1/14-6/30/15) 4529 26.03

ILLINOIS REGISTER 16136 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Patrol)

Power Shovel Operator (Maintenance) Q (7/1/13-6/30/14) 4646 26.70 4739 27.24 5054 29.05 Power Shovel Operator (Maintenance) Q (7/1/14-6/30/15) 4739 27.24 Power Shovel Operator (Maintenance) (Bridge Crew) Q (7/1/13-6/30/14) 4712 27.08 4807 27.63 5127 29.47 Power Shovel Operator (Maintenance) (Bridge Crew) Q (7/1/14-6/30/15) 4807 27.63 Silk Screen Operator B (7/1/13-6/30/14) 4589 26.37 4681 26.90 4993 28.70 Silk Screen Operator B (7/1/14-6/30/15) 4681 26.90

NOTE Note: Effective July 1, 2011, the clothing allowance for Heavy Construction Equipment Operators, Highway Maintainers, Highway Maintenance Lead Workers, Highway Maintenance Lead Lead Workers, Silk Screen Operators, and Bridge Mechanics employees increases to $200. Effective July 1, 2011, the clothing allowance for all other titles increases to $100. The allowance shall be applied only to certified employees who are on the active payroll effective July 1. Employees on authorized leave of absence on July 1 shall be paid the allowance on a prorated basis upon return from leave.

Employees covered by this bargaining unit shall receive a one-time 2.25% stipend based on the employee'sEmployee's base salary effective June 1, 2013. TheSuch stipend will not be added to the employee'sEmployee's base salary. Permanent part- time employees will be paid on a pro-rated stipend based upon their regular work schedule, which will not be added into the base salary. To be eligible for this stipend, an employee must be on the payroll effective June 1, 2013213. Employees on a leave of absence who would otherwise be eligible to receive the fiscal year 2013 lump sum stipend shall receive thatsuch stipend upon their return to active payroll, as long as they return during the fiscal year 2013.

New hire rates for the 2008-2012 Collective Bargaining Agreement shall continue in effect as was amended to 75%. All classification shall have a 75% new hire rate for all employees hired on or after July 1, 2013. Employees who are promoted and are in the new hire progression will promote to the next step of the new hire rate of the higher classification. In addition, temporary assignments shall also be calculated at the new hire rates. Employees in the new hire rates will receive a 5% increase each year for five

ILLINOIS REGISTER 16137 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

years on their anniversary date in order to obtain the full rate. All full scale employees will be promoted to full scale full-scale rate of the next higher classification.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16138 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Section 310.APPENDIX A Negotiated Rates of Pay

Section 310.TABLE F RC-019 (Teamsters Local #25)

Full Scale Rates

Pay Full Title Bargaining Plan Scale Title Code Unit Code Mo. Effective Date Highway Maintainer (Snowbirds) 18639 RC-019 Q 3664.00 January 1, 2010 Highway Maintainer (Snowbirds) 18639 RC-019 Q 3738.00 July 1, 2010 Highway Maintainer (Snowbirds) 18639 RC-019 Q 3850.00 January 1, 2011 Highway Maintainer (Snowbirds) 18639 RC-019 Q 3964.00 July 1, 2011 Highway Maintainer (Snowbirds) 18639 RC-019 Q 4083.00 January 1, 2012 Highway Maintainer (Snowbirds) 18639 RC-019 Q 4205.00 June 30, 2012

NOTE: Snowbirds are all seasonal, salaried, full-time Highway Maintainers whose primary function is snow removal.

Effective July 1, 2012

Pay Plan 75% 80% 85% 90% 95% Full Scale Title Title Code Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Bridge Mechanic (IDOT) 05310 Q 5982 34.38 Bridge Tender (IDOT) 05320 B 6018 34.59 Deck Hand (IDOT) 11500 B 5782 33.23 Ferry Operator I (IDOT) 14801 B 6018 34.59 Ferry Operator II (IDOT) 14802 B 6070 34.89 Highway Maintainer (Regular - RG) (IDOT) 18639 Q 4460 25.63 4758 27.34 5055 29.05 5352 30.76 5650 32.47 5947 34.18 Highway Maintainer 18639 Q 4517 25.96 4818 27.69 5119 29.42 5420 31.15 5721 32.88 6022 34.61

ILLINOIS REGISTER 16139 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

(Bridge Crew - BC) (IDOT) Highway Maintainer (Drill Rig - DR) (IDOT) 18639 Q 4539 26.09 4842 27.83 5144 29.56 5447 31.30 5749 33.04 6052 34.78 Highway Maintainer (Emergency Patrol - EP) (IDOT) 18639 Q 4541 26.10 4843 27.83 5146 29.57 5449 31.32 5751 33.05 6054 34.79 Highway Maintenance Lead Worker (Regular - RG) (IDOT) 18659 Q 6085 34.97 Highway Maintenance Lead Worker (Bridge Crew - BC) (IDOT) 18659 Q 6159 35.40 Highway Maintenance Lead Worker (Emergency Patrol - EP) (IDOT) 18659 Q 6192 35.59 Highway Maintenance Lead Worker (Lead Lead Worker) (Regular - RG) (IDOT) 18659 Q 6138 35.28 Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew - BC) (IDOT) 18659 Q 6212 35.70

ILLINOIS REGISTER 16140 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Highway Maintenance Lead Worker (Lead Lead Worker) (Emergency Patrol - EP) (IDOT) 18659 Q 6217 35.73 Janitor I (Including Office of Administration) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 21951 B 5574 32.03 Janitor II (Including Office of Administration) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 21952 B 5607 32.22 Labor Maintenance Lead Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) 22809 B 5844 33.59 Laborer (Maintenance) (IDOT) 23080 B 5785 33.25 Maintenance Equipment Operator (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 25020 B 5882 33.80 Maintenance Equipment Operator (DOC & DJJ) 25020 Q 6052 34.78 Maintenance Equipment Operator (DOC - Maximum Security) 25020 S 6105 35.09

ILLINOIS REGISTER 16141 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Maintenance Equipment Operator (DHS - Forensics) 25020 Q 5947 34.18 Maintenance Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) 25500 B 5823 33.47 Maintenance Worker (DHS - Forensics) 25500 Q 5888 33.84 Power Shovel Operator (Maintenance) (Regular - RG) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 33360 B 5986 34.40 Power Shovel Operator (Maintenance) (Regular - RG) (IDOT) 33360 Q 6052 34.78 Power Shovel Operator (Maintenance) (Bridge Crew - BC) (IDOT) 33360 Q 6127 35.21 Security Guard I (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 39851 B 5603 32.20 Security Guard II (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 39852 B 5653 32.49 Silk Screen Operator (IDOT) 41020 B 5991 34.43

Effective July 1, 2013

Pay 75% 80% 85% 90% 95% Full Scale Plan Title Title Code Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr.

ILLINOIS REGISTER 16142 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Bridge Mechanic (IDOT) 05310 Q 6102 35.07 Bridge Tender (IDOT) 05320 B 6138 35.28 Deck Hand (IDOT) 11500 B 5898 33.90 Ferry Operator I (IDOT) 14801 B 6138 35.28 Ferry Operator II (IDOT) 14802 B 6191 35.58 Highway Maintainer (Regular - RG) (IDOT) 18639 Q 4550 26.15 4853 27.89 5156 29.63 5459 31.37 5763 33.12 6066 34.86 Highway Maintainer (Bridge Crew - BC) (IDOT) 18639 Q 4607 26.48 4914 28.24 5221 30.01 5528 31.77 5835 33.53 6142 35.30 Highway Maintainer (Drill Rig - DR) (IDOT) 18639 Q 4630 26.61 4938 28.38 5247 30.16 5556 31.93 5864 33.70 6173 35.48 Highway Maintainer (Emergency Patrol - EP) (IDOT) 18639 Q 6175 35.49 Highway Maintenance Lead Worker (Regular - RG) (IDOT) 18659 Q 6207 35.67 Highway Maintenance Lead Worker (Bridge Crew - BC) (IDOT) 18659 Q 6282 36.10 Highway Maintenance Lead Worker (Emergency Patrol - EP) (IDOT) 18659 Q 6316 36.30

ILLINOIS REGISTER 16143 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Highway Maintenance Lead Worker (Lead Lead Worker) (Regular - RG) (IDOT) 18659 Q 6261 35.98 Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew - BC) (IDOT) 18659 Q 6336 36.41 Highway Maintenance Lead Worker (Lead Lead Worker) (Emergency Patrol - EP) (IDOT) 18659 Q 6341 36.44 Janitor I (Including Office of Administration) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 21951 B 5685 32.67 Janitor II (Including Office of Administration) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 21952 B 5719 32.87 Labor Maintenance Lead Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) 22809 B 5961 34.26 Laborer (Maintenance) (IDOT) 23080 B 5901 33.91 Maintenance 25020 B 6000 34.48

ILLINOIS REGISTER 16144 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Equipment Operator (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) Maintenance Equipment Operator (DOC & DJJ) 25020 Q 6173 35.48 Maintenance Equipment Operator (DOC - Maximum Security) 25020 S 6227 35.79 Maintenance Equipment Operator (DHS - Forensics) 25020 Q 6066 34.86 Maintenance Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) 25500 B 5939 34.13 Maintenance Worker (DHS - Forensics) 25500 Q 6006 34.52 Power Shovel Operator (Maintenance) (Regular - RG) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 33360 B 6106 35.09 Power Shovel Operator (Maintenance) (Regular - RG) (IDOT) 33360 Q 6173 35.48 Power Shovel Operator (Maintenance) (Bridge Crew - BC) (IDOT) 33360 Q 6250 35.92 Security Guard I (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 39851 B 5715 32.84

ILLINOIS REGISTER 16145 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Security Guard II (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 39852 B 5766 33.14 Silk Screen Operator (IDOT) 41020 B 6111 35.12

Effective July 8, 2013

Pay Plan 75% 80% 85% 90% 95% Full Scale Title Title Code Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr.

Bridge Mechanic (IDOT) 05310 Q 4577 26.30 4882 28.06 5187 29.81 5492 31.56 5797 33.32 6102 35.07 Bridge Tender (IDOT) 05320 B 4604 26.46 4910 28.22 5217 29.98 5524 31.75 5831 33.51 6138 35.28 Deck Hand (IDOT) 11500 B 4424 25.43 4718 27.11 5013 28.81 5308 30.51 5603 32.20 5898 33.90 Ferry Operator I (IDOT) 14801 B 4604 26.46 4910 28.22 5217 29.98 5524 31.75 5831 33.51 6138 35.28 Ferry Operator II (IDOT) 14802 B 4643 26.68 4953 28.47 5262 30.24 5572 32.02 5881 33.80 6191 35.58 Highway Maintainer (Regular - RG) (IDOT) 18639 Q 4550 26.15 4853 27.89 5156 29.63 5459 31.37 5763 33.12 6066 34.86 Highway Maintainer (Bridge Crew - BC) (IDOT) 18639 Q 4607 26.48 4914 28.24 5221 30.01 5528 31.77 5835 33.53 6142 35.30 Highway Maintainer (Drill Rig - DR) (IDOT) 18639 Q 4630 26.61 4938 28.38 5247 30.16 5556 31.93 5864 33.70 6173 35.48 Highway Maintainer (Emergency Patrol - EP) (IDOT) 18639 Q 4631 26.61 4940 28.39 5249 30.17 5558 31.94 5866 33.71 6175 35.49 Highway Maintenance Lead Worker (Regular - RG) (IDOT) 18659 Q 4655 26.75 4966 28.54 5276 30.32 5586 32.10 5897 33.89 6207 35.67

ILLINOIS REGISTER 16146 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Highway Maintenance Lead Worker (Bridge Crew - BC) (IDOT) 18659 Q 4712 27.08 5026 28.89 5340 30.69 5654 32.49 5968 34.30 6282 36.10 Highway Maintenance Lead Worker (Emergency Patrol - EP) (IDOT) 18659 Q 4737 27.22 5053 29.04 5369 30.86 5684 32.67 6000 34.48 6316 36.30 Highway Maintenance Lead Worker (Lead Lead Worker) (Regular - RG) (IDOT) 18659 Q 4696 26.99 5009 28.79 5322 30.59 5635 32.39 5948 34.18 6261 35.98 Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew - BC) (IDOT) 18659 Q 4752 27.31 5069 29.13 5386 30.95 5702 32.77 6019 34.59 6336 36.41 Highway Maintenance Lead Worker (Lead Lead Worker) (Emergency Patrol - EP) (IDOT) 18659 Q 4756 27.33 5073 29.16 5390 30.98 5707 32.80 6024 34.62 6341 36.44 Janitor I (Including Office of Administration) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 21951 B 4264 24.51 4548 26.14 4832 27.77 5117 29.41 5401 31.04 5685 32.67 Janitor II (Including Office of Administration) (CMS, DOC, DHS, DJJ, 21952 B 4289 24.65 4575 26.29 4861 27.94 5147 29.58 5433 31.22 5719 32.87

ILLINOIS REGISTER 16147 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

DNR, ISP and DVA)

Labor Maintenance Lead Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) 22809 B 4471 25.70 4769 27.41 5067 29.12 5365 30.83 5663 32.55 5961 34.26 Laborer (Maintenance) (IDOT) 23080 B 4426 25.44 4721 27.13 5016 28.83 5311 30.52 5606 32.22 5901 33.91 Maintenance Equipment Operator (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 25020 B 4500 25.86 4800 27.59 5100 29.31 5400 31.03 5700 32.76 6000 34.48 Maintenance Equipment Operator (DOC & DJJ) 25020 Q 4550 26.15 4853 27.89 5156 29.63 5459 31.37 5763 33.12 6173 35.48 Maintenance Equipment Operator (DOC - Maximum Security) 25020 S 4630 26.61 4938 28.38 5247 30.16 5556 31.93 5864 33.70 6227 35.79 Maintenance Equipment Operator (DHS - Forensics) 25020 Q 4670 26.84 4982 28.63 5293 30.42 5604 32.21 5916 34.00 6066 34.86 Maintenance Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) 25500 B 4454 25.60 4751 27.30 5048 29.01 5345 30.72 5642 32.43 5939 34.13 Maintenance Worker (DHS - Forensics) 25500 Q 4505 25.89 4805 27.61 5105 29.34 5405 31.06 5706 32.79 6006 34.52

ILLINOIS REGISTER 16148 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Power Shovel Operator (Maintenance) (Regular - RG) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 33360 B 4580 26.32 4885 28.07 5190 29.83 5495 31.58 5801 33.34 6106 35.09 Power Shovel Operator (Maintenance) (Regular - RG) (IDOT) 33360 Q 4630 26.61 4938 28.38 5247 30.16 5556 31.93 5864 33.70 6173 35.48 Power Shovel Operator (Maintenance) (Bridge Crew - BC) (IDOT) 33360 Q 4688 26.94 5000 28.74 5313 30.53 5625 32.33 5938 34.13 6250 35.92 Security Guard I (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 39851 B 4286 24.63 4572 26.28 4858 27.92 5144 29.56 5429 31.20 5715 32.84 Security Guard II (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 39852 B 4325 24.86 4613 26.51 4901 28.17 5189 29.82 5478 31.48 5766 33.14 Silk Screen Operator (IDOT) 41020 B 4583 26.34 4889 28.10 5194 29.85 5500 31.61 5805 33.36 6111 35.12

Effective July 1, 2014

Pay Plan 75% 80% 85% 90% 95% Full Scale Title Title Code Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr.

Bridge Mechanic (IDOT) 05310 Q 4668 26.83 4979 28.61 5290 30.40 5602 32.20 5913 33.98 6224 35.77 Bridge Tender (IDOT) 05320 B 4696 26.99 5009 28.79 5322 30.59 5635 32.39 5948 34.18 6261 35.98 Deck Hand (IDOT) 11500 B 4512 25.93 4813 27.66 5114 29.39 5414 31.11 5715 32.84 6016 34.57

ILLINOIS REGISTER 16149 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Ferry Operator I (IDOT) 14801 B 4696 26.99 5009 28.79 5322 30.59 5635 32.39 5948 34.18 6261 35.98 Ferry Operator II (IDOT) 14802 B 4736 27.22 5052 29.03 5368 30.85 5684 32.67 5999 34.48 6315 36.29 Highway Maintainer (Regular - RG) (IDOT) 18639 Q 4640 26.67 4950 28.45 5259 30.22 5568 32.00 5878 33.78 6187 35.56 Highway Maintainer (Bridge Crew - BC) (IDOT) 18639 Q 4699 27.01 5012 28.80 5325 30.60 5639 32.41 5952 34.21 6265 36.01 Highway Maintainer (Drill Rig - DR) (IDOT) 18639 Q 4722 27.14 5037 28.95 5352 30.76 5666 32.56 5981 34.37 6296 36.18 Highway Maintainer (Emergency Patrol - EP) (IDOT) 18639 Q 4724 27.15 5039 28.96 5354 30.77 5669 32.58 5984 34.39 6299 36.20 Highway Maintenance Lead Worker (Regular - RG) (IDOT) 18659 Q 4748 27.29 5065 29.11 5381 30.93 5698 32.75 6014 34.56 6331 36.39 Highway Maintenance Lead Worker (Bridge Crew - BC) (IDOT) 18659 Q 4806 27.62 5126 29.46 5447 31.30 5767 33.14 6088 34.99 6408 36.83 Highway Maintenance Lead Worker (Emergency Patrol - EP) (IDOT) 18659 Q 4832 27.77 5154 29.62 5476 31.47 5798 33.32 6120 35.17 6442 37.02 Highway Maintenance Lead Worker (Lead Lead Worker) (Regular - RG) (IDOT) 18659 Q 4790 27.53 5109 29.36 5428 31.20 5747 33.03 6067 34.87 6386 36.70

ILLINOIS REGISTER 16150 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew - BC) (IDOT) 18659 Q 4847 27.86 5170 29.71 5494 31.57 5817 33.43 6140 35.29 6463 37.14 Highway Maintenance Lead Worker (Lead Lead Worker) (Emergency Patrol - EP) (IDOT) 18659 Q 4851 27.88 5174 29.74 5498 31.60 5821 33.45 6145 35.32 6468 37.17 Janitor I (Including Office of Administration) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 21951 B 4349 24.99 4639 26.66 4929 28.33 5219 29.99 5509 31.66 5799 33.33 Janitor II (Including Office of Administration) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 21952 B 4375 25.14 4666 26.82 4958 28.49 5250 30.17 5541 31.84 5833 33.52 Labor Maintenance Lead Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) 22809 B 4560 26.21 4864 27.95 5168 29.70 5472 31.45 5776 33.20 6080 34.94 Laborer (Maintenance) (IDOT) 23080 B 4514 25.94 4815 27.67 5116 29.40 5417 31.13 5718 32.86 6019 34.59 Maintenance Equipment Operator (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 25020 B 4590 26.38 4896 28.14 5202 29.90 5508 31.66 5814 33.41 6120 35.17

ILLINOIS REGISTER 16151 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Maintenance Equipment Operator (DOC & DJJ) 25020 Q 4640 26.67 4950 28.45 5259 30.22 5568 32.00 5878 33.78 6296 36.18 Maintenance Equipment Operator (DOC - Maximum Security) 25020 S 4722 27.14 5037 28.95 5352 30.76 5666 32.56 5981 34.37 6352 36.51 Maintenance Equipment Operator (DHS - Forensics) 25020 Q 4764 27.38 5082 29.21 5399 31.03 5717 32.86 6034 34.68 6187 35.56 Maintenance Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) 25500 B 4544 26.11 4846 27.85 5149 29.59 5452 31.33 5755 33.07 6058 34.82 Maintenance Worker (DHS - Forensics) 25500 Q 4595 26.41 4901 28.17 5207 29.93 5513 31.68 5820 33.45 6126 35.21 Power Shovel Operator (Maintenance) (Regular - RG) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 33360 B 4671 26.84 4982 28.63 5294 30.43 5605 32.21 5917 34.01 6228 35.79 Power Shovel Operator (Maintenance) (Regular - RG) (IDOT) 33360 Q 4722 27.14 5037 28.95 5352 30.76 5666 32.56 5981 34.37 6296 36.18 Power Shovel Operator (Maintenance) (Bridge Crew - BC) (IDOT) 33360 Q 4781 27.48 5100 29.31 5419 31.14 5738 32.98 6056 34.80 6375 36.64 Security Guard I (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 39851 B 4372 25.13 4663 26.80 4955 28.48 5246 30.15 5538 31.83 5829 33.50 Security Guard II (CMS, DOC, 39852 B 4411 25.35 4705 27.04 4999 28.73 5293 30.42 5587 32.11 5881 33.80

ILLINOIS REGISTER 16152 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

DHS, DJJ, DNR, ISP and DVA) Silk Screen Operator (IDOT) 41020 B 4675 26.87 4986 28.66 5298 30.45 5610 32.24 5921 34.03 6233 35.82

Pay Title Bargaining Plan July 1, 2012 July 1, 2013 July 1, 2014 Title Code Unit Code Mo. Hr. Mo. Hr. Mo. Hr. Bridge Mechanic (IDOT) 05310 RC-019 Q 5982 34.38 6102 35.07 6224 35.77 Bridge Tender (IDOT) 05320 RC-019 B 6018 34.59 6138 35.28 6261 35.98 Deck Hand (IDOT) 11500 RC-019 B 5782 33.23 5898 33.90 6016 34.57 Ferry Operator I (IDOT) 14801 RC-019 B 6018 34.59 6138 35.28 6261 35.98 Ferry Operator II (IDOT) 14802 RC-019 B 6070 34.89 6191 35.58 6315 36.29 Highway Maintainer (Regular − RG) (IDOT) 18639 RC-019 Q 5947 34.18 6066 34.86 6187 35.56 Highway Maintainer (Bridge Crew − BC) (IDOT) 18639 RC-019 Q 6022 34.61 6142 35.30 6265 36.01 Highway Maintainer (Drill Rig - DR) (IDOT) 18639 RC-019 Q 6052 34.78 6173 35.48 6296 36.18 Highway Maintainer (Emergency Patrol − EP) (IDOT) 18639 RC-019 Q 6054 34.79 6175 35.49 6299 36.20 Highway Maintenance Lead Worker (Regular − RG) (IDOT) 18659 RC-019 Q 6085 34.97 6207 35.67 6331 36.39 Highway Maintenance Lead Worker (Bridge Crew − BC) (IDOT) 18659 RC-019 Q 6159 35.40 6282 36.10 6408 36.83 Highway Maintenance Lead Worker (Emergency Patrol − EP) (IDOT) 18659 RC-019 Q 6192 35.59 6316 36.30 6442 37.02 Highway Maintenance Lead Worker (Lead Lead Worker) (Regular − RG) (IDOT) 18659 RC-019 Q 6138 35.28 6261 35.98 6386 36.70

ILLINOIS REGISTER 16153 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew − BC) (IDOT) 18659 RC-019 Q 6212 35.70 6336 36.41 6463 37.14 Highway Maintenance Lead Worker (Lead Lead Worker) (Emergency Patrol − EP) (IDOT) 18659 RC-019 Q 6217 35.73 6341 36.44 6468 37.17 Janitor I (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 21951 RC-019 B 5574 32.03 5685 32.67 5799 33.33 Janitor II (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 21952 RC-019 B 5607 32.22 5719 32.87 5833 33.52 Labor Maintenance Lead Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) 22809 RC-019 B 5844 33.59 5961 34.26 6080 34.94 Laborer (Maintenance) (IDOT) 23080 RC-019 B 5785 33.25 5901 33.91 6019 34.59 Maintenance Equipment Operator (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 25020 RC-019 B 5882 33.80 6000 34.48 6120 35.17 Maintenance Equipment Operator (DOC & DJJ) 25020 RC-019 Q 6052 34.78 6173 35.48 6296 36.18 Maintenance Equipment Operator (DOC − Maximum Security) 25020 RC-019 S 6105 35.09 6227 35.79 6352 36.51 Maintenance Equipment Operator (DHS − Forensics) 25020 RC-019 Q 5947 34.18 6066 34.86 6187 35.56 Maintenance Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) 25500 RC-019 B 5823 33.47 5939 34.13 6058 34.82 Maintenance Worker (DHS − Forensics) 25500 RC-019 Q 5888 33.84 6006 34.52 6126 35.21

ILLINOIS REGISTER 16154 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Power Shovel Operator (Maintenance) (Regular − RG) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 33360 RC-019 B 5986 34.40 6106 35.09 6228 35.79 Power Shovel Operator (Maintenance) (Regular − RG) (IDOT) 33360 RC-019 Q 6052 34.78 6173 35.48 6296 36.18 Power Shovel Operator (Maintenance) (Bridge Crew − BC) (IDOT) 33360 RC-019 Q 6127 35.21 6250 35.92 6375 36.64 Security Guard I (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 39851 RC-019 B 5603 32.20 5715 32.84 5829 33.50 Security Guard II (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) 39852 RC-019 B 5653 32.49 5766 33.14 5881 33.80 Silk Screen Operator (IDOT) 41020 RC-019 B 5991 34.43 6111 35.12 6233 35.82

New Hire Rates

Effective July 1, 2012

Pay Plan 95% 90% 85% 80% 75% Title Code Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Highway Maintainer (Regular − RG) (IDOT) Q 5650 32.47 5352 30.76 5055 29.05 4758 27.34 4460 25.63 Highway Maintainer (Bridge Crew − BC) (IDOT) Q 5721 32.88 5420 31.15 5119 29.42 4818 27.69 4517 25.96 Highway Maintainer (Drill Rig − DR) (IDOT) Q 5749 33.04 5447 31.30 5144 29.56 4842 27.83 4539 26.09 Highway Maintainer (Emergency Patrol − EP) Q 5751 33.05 5449 31.32 5146 29.57 4843 27.83 4541 26.10

ILLINOIS REGISTER 16155 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

(IDOT)

Effective July 1, 2013

Pay Plan 95% 90% 85% 80% 75% Title Code Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Bridge Mechanic (IDOT) Q 5797 33.32 5492 31.56 5187 29.81 4882 28.06 4577 26.30 Bridge Tender (IDOT) B 5831 33.51 5524 31.75 5217 29.98 4910 28.22 4604 26.46 Deck Hand (IDOT) B 5603 32.20 5308 30.51 5013 28.81 4718 27.11 4424 25.43 Ferry Operator I (IDOT) B 5831 33.51 5524 31.75 5217 29.98 4910 28.22 4604 26.46 Ferry Operator II (IDOT) B 5881 33.80 5572 32.02 5262 30.24 4953 28.47 4643 26.68 Highway Maintainer (Regular − RG) (IDOT) Q 5763 33.12 5459 31.37 5156 29.63 4853 27.89 4550 26.15 Highway Maintainer (Bridge Crew − BC) (IDOT) Q 5835 33.53 5528 31.77 5221 30.01 4914 28.24 4607 26.48 Highway Maintainer (Drill Rig − DR) (IDOT) Q 5864 33.70 5556 31.93 5247 30.16 4938 28.38 4630 26.61 Highway Maintainer (Emergency Patrol − EP) (IDOT) Q 5866 33.71 5558 31.94 5249 30.17 4940 28.39 4631 26.61 Highway Maintenance Lead Worker (Regular − RG) (IDOT) Q 5897 33.89 5586 32.10 5276 30.32 4966 28.54 4655 26.75 Highway Maintenance Lead Worker (Bridge Crew − BC) (IDOT) Q 5968 34.30 5654 32.49 5340 30.69 5026 28.89 4712 27.08 Highway Maintenance Lead Worker (Emergency Patrol − EP) (IDOT) Q 6000 34.48 5684 32.67 5369 30.86 5053 29.04 4737 27.22 Highway Maintenance Lead Worker (Lead Q 5948 34.18 5635 32.39 5322 30.59 5009 28.79 4696 26.99

ILLINOIS REGISTER 16156 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Lead Worker) (Regular − RG) (IDOT) Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew − BC) (IDOT) Q 6019 34.59 5702 32.77 5386 30.95 5069 29.13 4752 27.31 Highway Maintenance Lead Worker (Lead Lead Worker) (Emergency Patrol − EP) (IDOT) Q 6024 34.62 5707 32.80 5390 30.98 5073 29.16 4756 27.33 Janitor I (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5401 31.04 5117 29.41 4832 27.77 4548 26.14 4264 24.51 Janitor II (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5433 31.22 5147 29.58 4861 27.94 4575 26.29 4289 24.65 Labor Maintenance Lead Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) B 5663 32.55 5365 30.83 5067 29.12 4769 27.41 4471 25.70 Laborer (Maintenance) (IDOT) B 5606 32.22 5311 30.52 5016 28.83 4721 27.13 4426 25.44 Maintenance Equipment Operator (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5700 32.76 5400 31.03 5100 29.31 4800 27.59 4500 25.86 Maintenance Equipment Operator (DOC & DJJ) Q 5763 33.12 5459 31.37 5156 29.63 4853 27.89 4550 26.15 Maintenance Equipment Operator (DOC − Maximum Security) S 5864 33.70 5556 31.93 5247 30.16 4938 28.38 4630 26.61 Maintenance Equipment Operator (DHS − Forensics) Q 5916 34.00 5604 32.21 5293 30.42 4982 28.63 4670 26.84

ILLINOIS REGISTER 16157 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Maintenance Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) B 5642 32.43 5345 30.72 5048 29.01 4751 27.30 4454 25.60 Maintenance Worker (DHS − Forensics) Q 5706 32.79 5405 31.06 5105 29.34 4805 27.61 4505 25.89 Power Shovel Operator (Maintenance) (Regular − RG) (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5801 33.34 5495 31.58 5190 29.83 4885 28.07 4580 26.32 Power Shovel Operator (Maintenance) (Regular - RG) (IDOT) Q 5864 33.70 5556 31.93 5247 30.16 4938 28.38 4630 26.61 Power Shovel Operator (Maintenance) (Bridge Crew − BC) (IDOT) Q 5938 34.13 5625 32.33 5313 30.53 5000 28.74 4688 26.94 Security Guard I (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5429 31.20 5144 29.56 4858 27.92 4572 26.28 4286 24.63 Security Guard II (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5478 31.48 5189 29.82 4901 28.17 4613 26.51 4325 24.86 Silk Screen Operator (IDOT) B 5805 33.36 5500 31.61 5194 29.85 4889 28.10 4583 26.34

Effective July 1, 2014

Pay Plan 95% 90% 85% 80% 75% Title Code Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Mo. Hr. Bridge Mechanic (IDOT) Q 5913 33.98 5602 32.20 5290 30.40 4979 28.61 4668 26.83 Bridge Tender (IDOT) B 5948 34.18 5635 32.39 5322 30.59 5009 28.79 4696 26.99 Deck Hand (IDOT) B 5715 32.84 5414 31.11 5114 29.39 4813 27.66 4512 25.93 Ferry Operator I B 5948 34.18 5635 32.39 5322 30.59 5009 28.79 4696 26.99

ILLINOIS REGISTER 16158 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

(IDOT) Ferry Operator II (IDOT) B 5999 34.48 5684 32.67 5368 30.85 5052 29.03 4736 27.22 Highway Maintainer (Regular − RG) (IDOT) Q 5878 33.78 5568 32.00 5259 30.22 4950 28.45 4640 26.67 Highway Maintainer (Bridge Crew − BC) (IDOT) Q 5952 34.21 5639 32.41 5325 30.60 5012 28.80 4699 27.01 Highway Maintainer (Drill Rig − DR) (IDOT) Q 5981 34.37 5666 32.56 5352 30.76 5037 28.95 4722 27.14 Highway Maintainer (Emergency Patrol − EP) (IDOT) Q 5984 34.39 5669 32.58 5354 30.77 5039 28.96 4724 27.15 Highway Maintenance Lead Worker (Regular − RG) (IDOT) Q 6014 34.56 5698 32.75 5381 30.93 5065 29.11 4748 27.29 Highway Maintenance Lead Worker (Bridge Crew − BC) (IDOT) Q 6088 34.99 5767 33.14 5447 31.30 5126 29.46 4806 27.62 Highway Maintenance Lead Worker (Emergency Patrol − EP) (IDOT) Q 6120 35.17 5798 33.32 5476 31.47 5154 29.62 4832 27.77 Highway Maintenance Lead Worker (Lead Lead Worker) (Regular − RG) (IDOT) Q 6067 34.87 5747 33.03 5428 31.20 5109 29.36 4790 27.53 Highway Maintenance Lead Worker (Lead Lead Worker) (Bridge Crew − BC) (IDOT) Q 6140 35.29 5817 33.43 5494 31.57 5170 29.71 4847 27.86 Highway Maintenance Lead Worker (Lead Lead Worker) (Emergency Patrol − EP) (IDOT) Q 6145 35.32 5821 33.45 5498 31.60 5174 29.74 4851 27.88

ILLINOIS REGISTER 16159 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Janitor I (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5509 31.66 5219 29.99 4929 28.33 4639 26.66 4349 24.99 Janitor II (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5541 31.84 5250 30.17 4958 28.49 4666 26.82 4375 25.14 Labor Maintenance Lead Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) B 5776 33.20 5472 31.45 5168 29.70 4864 27.95 4560 26.21 Laborer (Maintenance) (IDOT) B 5718 32.86 5417 31.13 5116 29.40 4815 27.67 4514 25.94 Maintenance Equipment Operator (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5814 33.41 5508 31.66 5202 29.90 4896 28.14 4590 26.38 Maintenance Equipment Operator (DOC & DJJ) Q 5878 33.78 5568 32.00 5259 30.22 4950 28.45 4640 26.67 Maintenance Equipment Operator (DOC − Maximum Security) S 5981 34.37 5666 32.56 5352 30.76 5037 28.95 4722 27.14 Maintenance Equipment Operator (DHS − Forensics) Q 6034 34.68 5717 32.86 5399 31.03 5082 29.21 4764 27.38 Maintenance Worker (CMS, DOC, DHS, DJJ, DNR, IDOT, ISP and DVA) B 5755 33.07 5452 31.33 5149 29.59 4846 27.85 4544 26.11 Maintenance Worker (DHS − Forensics) Q 5820 33.45 5513 31.68 5207 29.93 4901 28.17 4595 26.41 Power Shovel Operator (Maintenance) (Regular − RG)

ILLINOIS REGISTER 16160 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

(CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5917 34.01 5605 32.21 5294 30.43 4982 28.63 4671 26.84 Power Shovel Operator (Maintenance) (Regular − RG) (IDOT) Q 5981 34.37 5666 32.56 5352 30.76 5037 28.95 4722 27.14 Power Shovel Operator (Maintenance) (Bridge Crew − BC) (IDOT) Q 6056 34.80 5738 32.98 5419 31.14 5100 29.31 4781 27.48 Security Guard I (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5538 31.83 5246 30.15 4955 28.48 4663 26.80 4372 25.13 Security Guard II (CMS, DOC, DHS, DJJ, DNR, ISP and DVA) B 5587 32.11 5293 30.42 4999 28.73 4705 27.04 4411 25.35 Silk Screen Operator (IDOT) B 5921 34.03 5610 32.24 5298 30.45 4986 28.66 4675 26.87

NOTE Note: Effective July 1, 2011, the clothing allowance for Highway Maintainers, Highway Maintenance Lead Workers, Highway Maintenance Lead Lead Workers, Deck Hands and Power Shovel Operator Maintenance employees increases to $200. Effective July 1, 2011, the clothing allowance for all other titles increases to $100. Effective July 1, 2013, employees who are required to wear steel-toe safety shoes shall receive an additional $100 clothing allowance. The total will not exceed $200 per contract year.

Employees shall receive a one-time 2.25% stipend which will not be added into the base salary effective June 1, 2013. Permanent part-time employees will be paid a pro- rated stipend based upon their regular work schedule which will not be added into the base salary. To be eligible for the stipend, the employee must be on payroll June 1, 2013. Employees on leave of absence who would otherwise be eligible will receive the lump sum stipend to which they are entitled upon return to the active payroll during fiscal year 2013.

ILLINOIS REGISTER 16161 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

(Source: Amended at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16162 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Section 310.APPENDIX A Negotiated Rates of Pay

Section 310.TABLE G RC-045 (Automotive Mechanics, IFPE)

Effective Date July 1, 2012

Pay Title Plan Monthly Title Code Code Rate Auto & Body Repairer 03680 B 5432 Auto & Body Repairer 03680 Q 5624 Auto & Body Repairer 03680 S 5704 Automotive Attendant I 03696 B 3281 Automotive Attendant I 03696 Q 3411 Automotive Attendant I 03696 S 3484 Automotive Attendant II 03697 B 3504 Automotive Attendant II 03697 Q 3642 Automotive Attendant II 03697 S 3714 Automotive Mechanic 03700 B 5432 Automotive Mechanic 03700 Q 5624 Automotive Mechanic 03700 S 5704 Automotive Mechanic (Hired on or after 9/1/2010) 03700 B 5052 Automotive Mechanic (Hired on or after 9/1/2010) 03700 Q 5230 Automotive Mechanic (Hired on or after 9/1/2010) 03700 S 5305 Automotive Parts Warehouse Specialist 03734 B 5319 Automotive Parts Warehouser 03730 B 5218 Small Engine Mechanic 41150 B 4782 Storekeeper I* 43051 B 5112 Storekeeper II* 43052 B 5221

Effective Date July 1, 2013

Title Pay Plan 100% Title Code Code 93% 95% 97% (Full-Scale) Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 B 5153 5264 5375 5541 Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 Q 5230 5343 5455 5624

ILLINOIS REGISTER 16163 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 S 5305 5419 5533 5704

Pay Title Plan 100% Title Code Code (Full-Scale) 97% 95% 93% Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 B 5541 5375 5264 5153 Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 Q 5624 5455 5343 5230 Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 S 5704 5533 5419 5305

Pay Title Plan 100% Title Code Code 75% 80% 85% 90% 95% (Full-Scale) Auto & Body Repairer 03680 B 4156 4433 4710 4987 5264 5541 Auto & Body Repairer 03680 Q 4218 4499 4780 5062 5343 5624 Auto & Body Repairer 03680 S 4278 4563 4848 5134 5419 5704 Automotive Attendant I 03696 B 2510 2678 2845 3012 3180 3347 Automotive Attendant I 03696 Q 2558 2729 2899 3070 3240 3411 Automotive Attendant I 03696 S 2613 2787 2961 3136 3310 3484 Automotive Attendant II 03697 B 2681 2859 3038 3217 3395 3574 Automotive Attendant II 03697 Q 2732 2914 3096 3278 3460 3642 Automotive Attendant II 03697 S 2786 2971 3157 3343 3528 3714 Automotive Mechanic 03700 B 4156 4433 4710 4987 5264 5541 Automotive Mechanic 03700 Q 4218 4499 4780 5062 5343 5624 Automotive Mechanic 03700 S 4278 4563 4848 5134 5419 5704 Automotive Parts Warehouse Specialist 03734 B 4069 4340 4611 4883 5154 5425 Automotive Parts Warehouser 03730 B 3992 4258 4524 4790 5056 5322 Small Engine Mechanic 41150 B 3659 3902 4146 4390 4634 4878 Storekeeper I* 43051 B 3911 4171 4432 4693 4953 5214 Storekeeper II* 43052 B 3994 4260 4526 4793 5059 5325

ILLINOIS REGISTER 16164 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Pay Title Plan 100% Title Code Code (Full Scale) 95% 90% 85% 80% 75% Auto & Body Repairer 03680 B 5541 5264 4987 4710 4433 4156 Auto & Body Repairer 03680 Q 5624 5343 5062 4780 4499 4218 Auto & Body Repairer 03680 S 5704 5419 5134 4848 4563 4278 Automotive Attendant I 03696 B 3347 3180 3012 2845 2678 2510 Automotive Attendant I 03696 Q 3411 3240 3070 2899 2729 2558 Automotive Attendant I 03696 S 3484 3310 3136 2961 2787 2613 Automotive Attendant II 03697 B 3574 3395 3217 3038 2859 2681 Automotive Attendant II 03697 Q 3642 3460 3278 3096 2914 2732 Automotive Attendant II 03697 S 3714 3528 3343 3157 2971 2786 Automotive Mechanic 03700 B 5541 5264 4987 4710 4433 4156 Automotive Mechanic 03700 Q 5624 5343 5062 4780 4499 4218 Automotive Mechanic 03700 S 5704 5419 5134 4848 4563 4278 Automotive Parts Warehouse Specialist 03734 B 5425 5154 4883 4611 4340 4069 Automotive Parts Warehouser 03730 B 5322 5056 4790 4524 4258 3992 Small Engine Mechanic 41150 B 4878 4634 4390 4146 3902 3659 Storekeeper I* 43051 B 5214 4953 4693 4432 4171 3911 Storekeeper II* 43052 B 5325 5059 4793 4526 4260 3994

Effective Date July 1, 2014

Title Pay Plan 100% Title Code Code 95% 97% (Full-Scale) Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 B 5369 5482 5652 Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 Q 5449 5564 5736 Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 S 5527 5643 5818

Pay Title Plan 100% Title Code Code (Full-Scale) 97% 95%

ILLINOIS REGISTER 16165 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 B 5652 5482 5369 Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 Q 5736 5564 5449 Automotive Mechanic (Hired between 9/1/2010 and 6/30/2013) 03700 S 5818 5643 5527

Pay Title Plan 100% Title Code Code 75% 80% 85% 90% 95% (Full-Scale) Auto & Body Repairer 03680 B 4239 4522 4804 5087 5369 5652 Auto & Body Repairer 03680 Q 4302 4589 4876 5162 5449 5736 Auto & Body Repairer 03680 S 4364 4654 4945 5236 5527 5818 Automotive Attendant I 03696 B 2561 2731 2902 3073 3243 3414 Automotive Attendant I 03696 Q 2609 2783 2957 3131 3305 3479 Automotive Attendant I 03696 S 2666 2843 3021 3199 3376 3554 Automotive Attendant II 03697 B 2734 2916 3098 3281 3463 3645 Automotive Attendant II 03697 Q 2786 2972 3158 3344 3529 3715 Automotive Attendant II 03697 S 2841 3030 3220 3409 3599 3788 Automotive Mechanic 03700 B 4239 4522 4804 5087 5369 5652 Automotive Mechanic 03700 Q 4302 4589 4876 5162 5449 5736 Automotive Mechanic 03700 S 4364 4654 4945 5236 5527 5818 Automotive Parts Warehouse Specialist 03734 B 4151 4427 4704 4981 5257 5534 Automotive Parts Warehouser 03730 B 4071 4342 4614 4885 5157 5428 Small Engine Mechanic 41150 B 3732 3981 4230 4478 4727 4976 Storekeeper I* 43051 B 3989 4254 4520 4786 5052 5318 Storekeeper II* 43052 B 4074 4346 4617 4889 5160 5432

Pay Title Plan 100% Title Code Code (Full-Scale) 95% 90% 85% 80% 75% Auto & Body Repairer 03680 B 5652 5369 5087 4804 4522 4239

ILLINOIS REGISTER 16166 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Auto & Body Repairer 03680 Q 5736 5449 5162 4876 4589 4302 Auto & Body Repairer 03680 S 5818 5527 5236 4945 4654 4364 Automotive Attendant I 03696 B 3414 3243 3073 2902 2731 2561 Automotive Attendant I 03696 Q 3479 3305 3131 2957 2783 2609 Automotive Attendant I 03696 S 3554 3376 3199 3021 2843 2666 Automotive Attendant II 03697 B 3645 3463 3281 3098 2916 2734 Automotive Attendant II 03697 Q 3715 3529 3344 3158 2972 2786 Automotive Attendant II 03697 S 3788 3599 3409 3220 3030 2841 Automotive Mechanic 03700 B 5652 5369 5087 4804 4522 4239 Automotive Mechanic 03700 Q 5736 5449 5162 4876 4589 4302 Automotive Mechanic 03700 S 5818 5527 5236 4945 4654 4364 Automotive Parts Warehouse Specialist 03734 B 5534 5257 4981 4704 4427 4151 Automotive Parts Warehouser 03730 B 5428 5157 4885 4614 4342 4071 Small Engine Mechanic 41150 B 4976 4727 4478 4230 3981 3732 Storekeeper I* 43051 B 5318 5052 4786 4520 4254 3989 Storekeeper II* 43052 B 5432 5160 4889 4617 4346 4074

* Storekeeper I & Storekeeper II serving as Automotive Parts Warehouser in Cook County.

NOTE Note: Effective July 1, 2011, employees who have more than 10 years of continuous service receive a longevity payment of $50/month and employees who have more than 15 years of continuous service receive a longevity payment of $75/month.

The Storekeeper I and II titles are in Cook County only.

An employee newly hired to a position that was previously covered by the alternative formula for pension benefits prior to January 1, 2011 and, effective January 1, 2011, is covered by the standard formula for pension benefits (see the Illinois Pension Code [40 ILCS 5/1-160(g) and 14-110(b)]) shall be placed on the Pay Plan Code B salary grade assigned to the classification to which the position is allocated. An employee newly hired is an employee hired on or after January 1, 2011 who has never been a member of the State Employees' Retirement System (SERS) or any other reciprocal retirement system. Other reciprocal retirement systems are the Chicago Teachers' Pension Fund, County Employees' Annuity and Benefit Fund of Cook County, Forest Preserve District Employees' Annuity and Benefit Fund of Cook County, General Assembly Retirement System (GARS), Illinois Municipal Retirement Fund (IMRF), Judges Retirement

ILLINOIS REGISTER 16167 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

System (JRS), Laborers' Annuity and Benefit Fund of Chicago, Metropolitan Water Reclamation District Retirement Fund, Municipal Employees Annuity and Benefit Fund of Chicago, State Universities Retirement System (SURS) and Teachers' Retirement System of the State of Illinois (TRS).

Employees shall receive a one-time 2.25% stipend which will not be added into the base salary. The stipend is based on the employee's base salary effective June 28, 2013. Permanent part-time employees are paid a pro-rated stipend, based upon their regular work schedule, that is not to be added into the employee's base salary. To be eligible for the stipend, the employee shall be on the payroll June 28, 2013. Employees on leave of absence who would otherwise be eligible will receive the lump sum stipend upon return during fiscal year 2013 to the active payroll.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16168 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

Section 310.APPENDIX A Negotiated Rates of Pay

Section 310.TABLE Q RC-033 (Meat Inspectors, IFPE)

Title Bargaining Pay Plan Title Code Unit Code Meat and Poultry Inspector 26070 RC-033 B Meat and Poultry Inspector Trainee 26075 RC-033 B

Effective July 1, 2011

S T E P S Title 1 2 3 4 5 6 7 8 Meat and Poultry Inspector 3811 3977 4136 4293 4460 4710 4806 4854 Meat and Poultry Inspector Trainee 3233 3351 3479 3604 3730 3936 4013 4053

Effective JulyJanuary 1, 2012

S T E P S Title 1 2 3 4 5 6 7 8 Meat and Poultry Inspector 3859 4027 4188 4347 4516 4769 4866 4915 Meat and Poultry Inspector Trainee 3273 3393 3522 3649 3777 3985 4063 4104

Effective May 1, 2013

S T E P S Title 1c 1b 1a 1 2 3 4 5 6 7 8 Meat and Poultry Inspector 3512 3627 3743 3859 4027 4188 4347 4516 4769 4866 4915 Meat and Poultry Inspector Trainee 2978 3077 3175 3273 3393 3522 3649 3777 3985 4063 4104

Effective July 1, 2013

ILLINOIS REGISTER 16169 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

S T E P S Title 1c 1b 1a 1 2 3 4 5 6 7 8

Meat and Poultry Inspector 3582 3700 3818 3936 4108 4272 4434 4606 4864 4963 5013 Meat and Poultry Inspector Trainee 3038 3139 3239 3338 3461 3592 3722 3853 4065 4144 4186

Effective July 1, 2014

S T E P S Title 1c 1b 1a 1 2 3 4 5 6 7 8 Meat and Poultry Inspector 3654 3774 3894 4015 4190 4357 4523 4698 4961 5062 5113 Meat and Poultry Inspector Trainee 3099 3202 3304 3405 3530 3664 3796 3930 4146 4227 4270

NOTE Note: An employee newly hired to a position that was previously covered by the alternative formula for pension benefits prior to January 1, 2011, and effective January 1, 2011, is covered by the standard formula for pension benefits (see the Illinois Pension Code [40 ILCS 5/1-160(g) and 14-110(b)]), shall be placed on the Pay Plan Code B salary grade assigned to the classification to which the position is allocated. An employee newly hired is an employee hired on or after January 1, 2011 who has never been a member of the State Employees' Retirement System (SERS) or any other reciprocal retirement system. Other reciprocal retirement systems are the Chicago Teachers' Pension Fund, County Employees' Annuity and Benefit Fund of Cook County, Forest Preserve District Employees' Annuity and Benefit Fund of Cook County, General Assembly Retirement System (GARS), Illinois Municipal Retirement Fund (IMRF), Judges Retirement System (JRS), Laborers' Annuity and Benefit Fund of Chicago, Metropolitan Water Reclamation District Retirement Fund, Municipal Employees Annuity and Benefit Fund of Chicago, State Universities Retirement System (SURS) and Teachers' Retirement System of the State of Illinois (TRS).

Employees whose official work county is Cook County and are on Step 1 through 7 as of July 1, 2011, receive a one-time step increase to be effective July 1, 2011.

Employees who are eligible for longevity pay at Step 7 on or before July 1, 2007 shall continue to receive longevity pay after being placed on Step 8 while they remain in the

ILLINOIS REGISTER 16170 13 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF PROPOSED AMENDMENTS

same pay grade. For employees not eligible to receive longevity pay on or before July 1, 2007, the Step 8 rate shall be increased by $25 per month for those employees who attain 10 years of continuous service and have 3 or more years of creditable service on Step 8 in the same pay grade. For those employees who attain 15 years of continuous service and have 3 or more years creditable service on Step 8 on the same pay grade, the Step 8 rate shall be increased by $50 per month. Effective July 1, 2013, the Step 8 rate shall be increased by $75 per month for those employees who attain 10 years of continuous service and have 3 or more years of creditable service on Step 8 of the same pay grade. For those employees who attain 15 years of continuous service and have 3 or more years of creditable service on the same pay grade, the Step 8 rate shall be increased by $100 per month.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16171 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Enterprise Zone and High Impact Business Programs

2) Code Citation: 14 Ill. Adm. Code 520

3) Section Numbers: Proposed Action: 520.100 Amend 520.200 Amend 520.210 Amend 520.220 Amend 520.230 Amend 520.240 Amend 520.250 Amend 520.300 Amend 520.310 Amend 520.315 Amend 520.320 Amend 520.400 Amend 520.420 Amend 520.600 Amend 520.620 Amend 520.630 Amend 520.640 Amend 550.650 Amend 520.700 Amend 520.900 Amend 520.910 Amend 520.1000 Amend 520.1010 Amend 520.1200 Amend 520.1300 Amend 520.1400 Amend 520.1600 Amend 520.1700 Amend

4) Statutory Authority: Illinois Enterprise Zone Act [20ILCS 655]

5) A Complete Description of the Subjects and Issues Involved: This rulemaking revises rules concerning the Enterprise Zone and High Impact Business Programs to conform with changes to the Enterprise Zone Act made by PA 98-109.

ILLINOIS REGISTER 16172 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

6) Any published studies or reports, along with the sources of underlying data, used to comprise this rulemaking: None

7) Will this proposed rulemaking replace any emergency rulemaking currently in effect? Yes

8) Does this rulemaking contain an automatic repeal date? No

9) Does this proposed rulemaking contain incorporations by reference? No

10) Are there any proposed rulemakings containing incorporations by reference? No

11) Statement of Statewide Policy Objective: The rulemaking does not create or expand a State mandate as defined in Section 3(b) of the State Mandates Act (30 ILCS 805).

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking:

Jolene Clarke Rules Administrator Department of Commerce and Economic Opportunity 500 E. Monroe Springfield, IL 62701

Phone: 217/557-1820 Fax: 217/524-3701 [email protected]

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses and small municipalities affected: Municipalities that seek to amend or apply for an enterprise zone.

B) Reporting, bookkeeping or other procedures required for compliance: A municipality or county seeking to alter or apply for an enterprise zone will need to complete the required application.

C) Types of professional skills necessary for compliance: None

ILLINOIS REGISTER 16173 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

14) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not included on either of the two most recent agendas because the Department did not anticipate the need for the rulemaking at the time the agendas were published.

The full text of the Proposed Amendments begins on the next page:

ILLINOIS REGISTER 16174 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

TITLE 14: COMMERCE SUBTITLE C: ECONOMIC DEVELOPMENT CHAPTER I: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

PART 520 ENTERPRISE ZONE AND HIGH IMPACT BUSINESS PROGRAMS

SUBPART A: ENTERPRISE ZONES IN ILLINOIS

Section 520.100 Definitions

SUBPART B: ENTERPRISE ZONE: APPLICATION FOR CERTIFICATION

Section 520.200 Eligible Applicants 520.210 Eligibility Criteria 520.220 Form of Application 520.230 Application Procedures 520.240 Joint Application 520.250 Application Evaluation and Ranking

SUBPART C: ENTERPRISE ZONE: AMENDMENT AND DECERTIFICATION

Section 520.300 Application to Amend an Ordinance 520.310 Application to Change Boundaries 520.315 Application to Change Incentives, Alter Termination Date, and Make Technical Corrections 520.320 Decertification

SUBPART D: ENTERPRISE ZONE: LOCAL RESPONSIBILITIES

Section 520.400 Zone Administration 520.410 Reporting and Monitoring by Zone Administrators

ILLINOIS REGISTER 16175 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

520.420 Business Cessation Notification

SUBPART E: ENTERPRISE ZONE: DESIGNATED ZONE ORGANIZATIONS

Section 520.500 General 520.510 Project Eligibility and Approval 520.520 Charitable Contributions

SUBPART F: HIGH IMPACT BUSINESSES IN ILLINOIS

Section 520.600 Definitions 520.610 Eligible Applicants 520.620 Eligibility Criteria 520.630 Form of Application 520.640 Application Approval Process 520.650 Revocation of High Impact Business Designation

SUBPART G: TAX INCENTIVES FOR ENTERPRISE ZONES AND HIGH IMPACT BUSINESSES Section 520.700 List of Available Tax Incentives 520.710 Eligible Applicants (Repealed) 520.720 Eligibility Criteria (Repealed) 520.730 Form of Application (Repealed) 520.740 Application Review and Approval (Repealed) 520.750 Revocation of the High Impact Business Designation (Repealed)

SUBPART H: INVESTMENT TAX CREDIT

Section 520.800 General 520.810 Eligibility Criteria (Repealed) 520.820 Form of Application (Repealed) 520.830 Application Review and Approval Process (Repealed)

SUBPART I: UTILITY TAX EXEMPTION

ILLINOIS REGISTER 16176 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

Section 520.900 Definitions 520.910 Eligibility Criteria 520.920 Form of Application 520.930 Application Approval Process

SUBPART J: MACHINERY AND EQUIPMENT/POLLUTION CONTROL FACILITIESFACILITES SALES TAX EXEMPTION

Section 520.1000 Definitions 520.1010 Eligibility Criteria 520.1020 Form of Application 520.1030 Application Approval Process

SUBPART K: BUILDING MATERIAL SALES TAX EXEMPTION

Section 520.1100 General 520.1110 Eligibility Criteria (Repealed) 520.1120 Form of Application (Repealed) 520.1130 Application and Approval Process (Repealed) 520.1140 Use Tax Exemption (Repealed)

SUBPART L: JOBS TAX CREDIT

Section 520.1200 General

SUBPART M: DIVIDEND INCOME DEDUCTION

Section 520.1300 General

SUBPART N: INTEREST INCOME DEDUCTION FOR FINANCIAL INSTITUTIONS

Section 520.1400 General

ILLINOIS REGISTER 16177 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

SUBPART O: TELECOMMUNICATIONS EXCISE TAX EXEMPTION ON ORIGINATING CALLS

Section 520.1500 General

SUBPART P: HIGH IMPACT SERVICE FACILITY MACHINERY AND EQUIPMENT SALES TAX EXEMPTION

Section 520.1600 Definitions 520.1610 Eligibility Criteria 520.1620 Form of Application 520.1630 Application Approval Process 520.1640 Use Tax Exemption 520.1650 Revocation of the High Impact Service Facility Designation . SUBPART Q: AIRCRAFT SUPPORT CENTER SALES TAX EXEMPTION

Section 520.1700 Definitions 520.1710 Eligibility Criteria 520.1720 Form of Application 520.1730 Application and Approval Process 520.1740 Revocation of an Aircraft Support Center Designation

AUTHORITY: Implementing the Illinois Enterprise Zone Act [20 ILCS 655]; Section 201(f), (g) and (h) of the Illinois Income Tax Act [35 ILCS 5/201(f), (g) and (h)]; Sections 1d-1f, 1i-1j and 1o of the Retailers' Occupation Tax Act [35 ILCS 120/1d-1f, 1i-1j, and 1o]; and Sections 9- 221, 9-222, and 9-222.1 of the Public Utilities Act [220 ILCS 5/9-221, 9-222 and 9-222.1]; and authorized by Section 605-95 of the Civil Administrative Code of Illinois [20 ILCS 605/605-95].

SOURCE: Adopted at 9 Ill. Reg. 11790, effective July 24, 1985; emergency amendments at 10 Ill. Reg. 4936, effective March 11, 1986, for a maximum of 150 days; amended at 10 Ill. Reg. 7323, effective April 18, 1986; amended at 10 Ill. Reg. 12563, effective July 7, 1986; amended at 10 Ill. Reg. 12915, effective July 22, 1986; amended at 10 Ill. Reg. 15200, effective September 8, 1986; amended at 10 Ill. Reg. 16580, effective September 24, 1986; amended at 10 Ill. Reg. 19718, effective November 6, 1986; amended at 11 Ill. Reg. 11054, effective June 5, 1987;

ILLINOIS REGISTER 16178 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS emergency amendments at 11 Ill. Reg. 11174, effective June 8, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 16091, effective September 29, 1987; amended at 12 Ill. Reg. 4115, effective February 8, 1988; amended at 12 Ill. Reg. 11201, effective June 17, 1988; amended at 12 Ill. Reg. 17823, effective October 21, 1988; emergency amendment at 13 Ill. Reg. 16117, effective October 2, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 19936, effective December 7, 1989; amended at 14 Ill. Reg. 3445, effective February 27, 1990; amended at 15 Ill. Reg. 8683, effective May 30, 1991; amended at 16 Ill. Reg. 89, effective December 20, 1991; amended at 17 Ill. Reg. 1837, effective February 1, 1993; amended at 18 Ill. Reg. 5172, effective March 21, 1994; amended at 27 Ill. Reg. 3282, effective February 14, 2002; amended at 27 Ill. Reg. 6165, effective March 28, 2003; amended at 35 Ill. Reg. 13125, effective August 1, 2011; amended at 36 Ill. Reg. 16067, effective October 26, 2012; emergency amendment at 37 Ill. Reg. 5006, effective March 28, 2013, for a maximum of 150 days; emergency amendment repealed at 37 Ill. Reg. 13457, effective August 2, 2013, for the remainder of the 150 days; emergency amendment at 37 Ill. Reg. 13502, effective August 2, 2013, for a maximum of 150 days; amended at 38 Ill. Reg. ______, effective ______.

SUBPART A: ENTERPRISE ZONES IN ILLINOIS

Section 520.100 Definitions

"Act" means the Illinois Enterprise Zone Act [20 ILCS 655].

"Agency" means each officer, board, commission, and agency created by the Constitution in the executive branch of State government, other than the State Board of Elections; each officer, department, board, commission, agency, institution, authority, university, body politic and corporate of the State; and each administrative unit or corporate outgrowth of the State government that is created by or pursuant to statute, other than units of local government and their officers, school districts and boards of election commissioners; each administrative unit or corporate outgrowth of the above and as may be created by executive order of the Governor. No entity shall be considered an "agency" for the purposes of this Act unless authorized by law to make rules and regulations.

"Block groups" shall have the same meaning as defined in the United States Department of Commerce, Bureau of the Census, 2000 Census of Population and Housing Users' Guide, Part B. Glossary.

"Board" means the Enterprise Zone Board created in Section 5.2.1 of the Act.

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"Census tract" shall have the same meaning as defined in the United States Department of Commerce, Bureau of the Census, 2000 Census of Population and Housing Users' Guide, Part B. Glossary.

"Department" means the Department of Commerce and Economic OpportunityCommunity Affairs.

"Depressed area" means an area in which pervasive poverty, unemployment, and economic distress exist.

"Designated Zone Organization" or "DZO"(DZO) means an association or entity:

The Members of which are substantially all residents of the Enterprise Zone;

The Board of Directors of which is elected by the members of the organization;

Which satisfies the criteria set forth in sectionSection 501(c)(3) or 501(c)(4) of the Internal Revenue Code (26 USC 501(c)(3) or (4)); and

Which exists primarily for the purpose of performing within such area or zone for the benefit of the residents and businesses therein any of the functions set forth in Section 8 of the Act [20 ILCS 655/3].

For the purpose of this definition, "resident" means an individual whose place of residence is within the Enterprise Zone, or a partnership, corporation, association, or sole proprietorship whose principal business office is within the Enterprise Zone.

"Enabling ordinance" means a certified ordinance passed by a city or county to designate, establish and provide for an Enterprise Zone as specified in Section 5(c) of the Act.

"Enterprise Zone" means an area of the State certified by the Department as an Enterprise Zone pursuant to the Act.

"Full-time equivalent job" means a job in which the new employee works for the recipient or for a corporation under contract to the recipient at a rate of at least

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35 hours per week. A recipient who employs labor or services at a specific site or facility under contract with another may declare one full-time, permanent job for every 1,820 man hours worked per year under that contract. Vacations, paid holidays, and sick time are included in this computation. Overtime is not considered a part of regular hours. [20 ILCS 655/3(i)]

"Full-time retained job" means any employee defined as having a full-time or full- time equivalent job preserved at a specific facility or site, the continuance of which is threatened by a specific and demonstrable threat, which shall be specified in the application for development assistance. A recipient who employs labor or services at a specific site or facility under contract with another may declare one retained employee per year for every 1,750 man hours worked per year under that contract, even if different individuals perform on-site labor or services. [20 ILCS 655/3(j)]

"Latest federal decennial census" means the most recent American Community Survey released by the U.S. Census Bureau or other appropriate data source produced by the U.S. Census Bureau.

"Local labor market area" means an economically integrated area within which individuals can reside and find employment within a reasonable distance or can readily change jobs without changing their place of residence. [20 ILCS 655/3(h)] A local labor market area must be contiguous, compact and entirely within the State of Illinois and shall be, to the extent practicable, comprised of whole Census Tracts. A local labor market area must, at a minimum, contain the entire area within the boundaries of the Enterprise Zone to which it relates. A local labor market area may take into account communities of interest.

"New employee" means a full-time equivalent job that represents a net increase in the number of the recipient's employees statewide.

"New employee" includes an employee who previously filled a new employee position with the recipient who was rehired or called back from a layoff that occurs during or following the base years. The term "new employee" does not include any of the following:

An employee of the recipient who performs a job that was previously performed by another employee in this State, if that job existed in this State for at least 6 months before hiring the employee;

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Any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital or value of any member of the recipient;

A child, grandchild, parent or spouse, other than a spouse who is legally separated from the individual, of any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital or value of any member of the recipient;

Employee positions being filled or refilled as a result of strikes or layoffs or replacement workers to replace recipient company locked out employees.

"Public infrastructure" means local roads and streets, access roads, bridges and sidewalks; waste disposal systems; water and sewer line extensions, water distribution and purification facilities, and sewage treatment facilities; rail or air or water port improvements; gas and electric utility facilities; transit capital facilities; development and improvement of publicly owned industrial and commercial sites; or other public capital improvements that are an essential precondition to business retention, development or expansion.

"Enumeration districts" shall have the same meaning as defined in the United States Department of Commerce, Bureau of the Census, 2000 Census of Population and Housing Users' Guide, Part B. Glossary.

"Larger geography" means the area to which the Enterprise Zone is being related or compared in order to complete calculations required to establish zone eligibility under either the unemployment or low-income criteria.

In the case of an Enterprise Zone application from a single unit of government:

If the zone includes less than all of a city, the larger geography is the city;

If the zone includes all of the city, the larger geography is the county; and

If the zone includes only some portion of the unincorporated area

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of one county, the larger geography is the county.

In the case of a joint application from more than one unit of government:

If the zone is located in one county and includes all or part of two or more cities, or one or more cities plus the county, the larger geography is the county; and

If the zone is located in two or more counties and includes all or part of two or more cities, or cities and counties in any combination, the larger geography is the aggregate of the counties.

"Minor civil division" shall have the same meaning as defined in the United States Department of Commerce, Bureau of the Census, 2000 Census of Population and Housing Users' Guide, Part B. Glossary.

"Poverty" shall have the same meaning as defined in the United States Department of Commerce, Bureau of the Census, 2000 Census of Population and Housing Users' Guide, Part B. Glossary.

"Unemployment" shall have the same meaning as defined in the United States Department of Commerce, Bureau of the Census, 2000 Census of Population and Housing Users' Guide, Part B. Glossary.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART B: ENTERPRISEENTERPRIZE ZONE: APPLICATION FOR CERTIFICATION

Section 520.200 Eligible Applicants

A municipality or county within the State of Illinois may apply to the Department of Commerce and Community Affairs for certification of an Enterprise Zone, in accordance with the requirements set forth in Sections 4 andSection 5 of the Act and this Part.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.210 Eligibility Criteria

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A municipality or county may qualify an area for designation as an Enterprise Zone, subject to certification by the Department, in accordance with the criteria set forth in Section 4 of the Act and the following:

a) Contiguous Area. The area is contiguous, which means the area has a solid continuous boundary. Boundaries shall be clearly defined and follow natural or man-made entities such as rivers, highways, and boundaries of units of government. The zone area may exclude wholly surrounded territory within its boundaries.

b) Calculating Total Area. For purposes of calculating total area, the minimum is one-half square mile and the maximum is 12 square miles, or 15 square miles if the zone is located within the jurisdiction of four or more counties or municipalities, excluding lakes or waterways. Where the Enterprise Zone is a joint effort of three or more units of government, or two or more units of government, if located in a township divided by a municipality of 1,000,000 or more inhabitants, and where the certification has been in effect at least one year, the minimum is one-half square mile and the maximum is 13 square miles, excluding lakes and waterways. Boundaries that are connecting strips shall be not less than three, nor more than 10, feet wide. Waterways shall not be used as connecting strips. Areas within connecting strips must be considered when determining if the proposed Enterprise Zone meets one of the eligibility tests set forth in subsection (f).

c) Depressed Area. The area must be depressed. (See subsection (f).)

cd) Coverage of Area. The areas must:

1) be entirely within a municipality; or

2) be entirely within the unincorporated areas of a county, except when reasonable need is established for the zone to cover parts of more than one municipality or county; or

3) comprise all or part of a municipality and an unincorporated area of a county.

e) Census Geography. Although the Department does not require the applicant to use census geography boundaries as the boundaries for the Enterprise Zone,

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census geography must be used to demonstrate how the area meets one of the eligibility criteria. The census geographies to be used shall be the smallest geographies for which data are available and that encompass the entire proposed Enterprise Zone. When an Enterprise Zone boundary splits a census tract, county civil division, or minor civil division, then the data for block groups or enumeration districts entirely within the Enterprise Zone and those that include any part of the Enterprise Zone shall be included in the calculation. df) Required Tests. The area must meet at least threeone of the following tests:

1) Unemployment: All or part of the local labor market area has had an annual average unemployment rate of at least 120% of the State's annual average unemployment rate for the most recent calendar year or the most recent fiscal year as reported by the Department of Employment Security. [20 ILCS 655/4(1)(f)(1)]

2) Employment Opportunities: Designation will result in the development of substantial employment opportunities by creating or retaining a minimum aggregate of 1,000 full-time equivalent jobs due to an aggregate investment of $100,000,000 or more, and will help alleviate the effects of poverty and unemployment within the local labor market area. [20 ILCS 655/4(1)(f)(2)] Applicants shall specify the time periods over which full- time equivalent jobs will be created or retained and aggregate investments will be made. These time periods should not exceed 15 years from the expected date of designation. Applicants are encouraged to describe how the creation and retention of full-time equivalent jobs and new investment will help alleviate the effects of poverty and unemployment with the local labor market area.

3) Poverty: All or part of the local labor market area has a poverty rate of at least 20% according to the latest data from the U.S. Census Bureau, 50% or more of children in the local labor market area are eligible to participate in the federal free or reduced-price meals program according to reported statistics from the State Board of Education, or 20% or more households in the local labor market area receive SNAP benefits according to the latest data from the U.S. Census Bureau. [20 ILCS 655/4(1)(f)(3)]

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4) Abandoned Coal Mine, Brownfield or Federal Disaster Area: An abandoned coal mine or a brownfield (as defined in Section 58.2 of the Environmental Protection Act [415 ILCS 5]) is located in the proposed zone area, or all or a portion of the proposed zone was declared a federal disaster area in the 3 years preceding the date of application. [20 ILCS 655/4(1)(f)(4)] To be considered an abandoned coal mine, the coal mine must be listed on the Illinois Department of Natural Resources Abandoned Mine Locator. To document that a portion of the proposed zone was declared a federal disaster area in the 3 years preceding the date of the application, the applicant must provide the major disaster declaration number, the area designated as adversely affected by the major disaster, and the date of the declaration. Applicants are encouraged to use copies of the appropriate notices in the Federal Register of a major disaster declaration and related determinations. This does not include emergency declarations or fire management assistance declarations. A brownfield site must be listed in the Illinois Environmental Protection Agency Site Remediation Program database. Applicants are encouraged to provide the 10-digit Illinois Environmental Protection Agency identification number (LPC #) for the site.

5) Large Scale Business Closings: The local labor market area contains a presence of large employers that have downsized over the years, the local labor market area has experienced plant closures in the 5 years prior to the date of application affecting more than 50 workers, or the local labor market area has experienced State or federal facility closures in the 5 years prior to the date of application affecting more than 50 workers. [20 ILCS 655/4(1)(f)(5)] Applicants are encouraged to use data from filings made pursuant to the Illinois Worker Adjustment and Retraining Notification Act [820 ILCS 65] and the State Facilities Closure Act [30 ILCS 608] as evidence of job losses under this test.

6) Vacant Structures: Based on data from Multiple Listing information or other suitable sources, the local labor market area contains a high floor vacancy rate of industrial or commercial properties, vacant or demolished commercial and industrial structures are prevalent in the local labor market area, or industrial structures in the local labor market area are not used because of age, deterioration, relocation of the former occupants, or cessation of operation. [20 ILCS 655/4(1)(f)(6)]

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7) Tax Base Improvement Plan: The applicant demonstrates a substantial plan for using the designation to improve the State and local government tax base, including income, sales, and property taxes. [20 ILCS 655/4(1)(f)(7)]

8) Public Infrastructure Improvement Plan: Significant public infrastructure is present in the local labor market area in addition to a plan for infrastructure development and improvement. [20 ILCS 655/4(1)(f)(8)]

9) Career Skills Programs: High schools or community colleges located within the local labor market area are engaged in ACT Work Keys, Manufacturing Skills Standard Certification, or industry-based credentials that prepare students for careers. [20 ILCS 655/4(1)(f)(9)] The applicant must provide written documentation from more than one high school and/or community college within the local labor market area that the institution is providing ACT Work Keys, Manufacturing Skills Standard Certification, or industry-based credentials that prepare students for careers at some time during the current school year.

10) Equalized Assessed Valuation: The increase in equalized assessed valuation of industrial and/or commercial properties in the 5 years prior to the date of application in the local labor market area is equal to or less than 50% of the State average increase in equalized assessed valuation for industrial and/or commercial properties, as applicable, for the same period of time as reported by the Illinois Department of Revenue [20 ILCS 655/4(1)(f)(10)]; however, if the change in EAV in the State of industrial and/or commercial properties in the 5 years prior to the date of application is negative, then the applicant should instead demonstrate that the decrease in EAV of industrial and/or commercial properties in the 5 years prior to the date of application in the local labor market area is equal to or greater than 50% of the State average decrease in equalized valuation for industrial and/or commercial properties, as applicable, for the same period of time as reported by the Department of Revenue. Applicants are encouraged to use data on assessed valuation of industrial and/or commercial properties in the local labor market area from the Illinois Department of Revenue or from the chief assessment official of the county or counties in which at least a portion of the local labor market area is contained.

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1) Unemployment. The unemployment criterion is met if the proposed Enterprise Zone has an annual average unemployment rate of at least 120% of the State's annual average unemployment rate for the most recent calendar year or State fiscal year period for which data are available, as reported by the Department of Employment Security. Anyone who is not presently employed and has exhausted all unemployment benefits shall be considered unemployed, whether or not he or she is actively seeking employment.

2) Poverty. The poverty criterion is met if the poverty rate for each census tract, minor civil division or county civil division that contains any part of the area proposed as an Enterprise Zone was at least 20% as of the 2005- 2009 American Community Survey (US Census Bureau, ACSO 3K276, Washington DC 22033, 2010, no subsequent amendments or editions included). Poverty is computed using the number of persons in families or who reside together as unrelated individuals who had incomes below the poverty threshold in the Survey.

3) Low-Income. The low income criterion is met if at least 70% of the households in the proposed Enterprise Zone have incomes equal to or less than 80% of the median household income of the larger geography in which the Enterprise Zone is located. If a census geography has a median household income of 125% or more of the median household income of the larger geography, it shall not be used in calculating Enterprise Zone eligibility and shall not be included in the proposed Enterprise Zone.

4) Population Loss. The population loss criterion is met if the proposed Enterprise Zone suffered a population decrease of 20% or more between 2000 and 2010, as determined by Federal Census data for those years.

5) Job Creation. The Department may designate an area as an Enterprise Zone when that designation will result in the development of substantial employment opportunities by creating or retaining a minimum of 1,000 full-time equivalent jobs due to an investment of $100 million or more, and help alleviate the effects of poverty and unemployment within the zone or in the vicinity of the zone. New units of government being added to an existing Enterprise Zone must qualify under the same qualification criteria as the existing Enterprise Zone.

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6) Closed Military Bases. A military base closed by the United States Government Department of Defense that has been properly designated as and is currently operating as a Local Redevelopment Agency.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.220 Form of Application

An application shall be submitted on the standard application form provided by the Department. An application shall include:

a) Eligibility Criteria. Information establishing that the necessary eligibility criteria as specified in Section 520.210 has been met;

b) Characteristics of the Zone. Information on the following physical, economic, and social characteristics of the zone:

1) Master Plan. A master plan or economic development plan for the area;

2) Current Land Use Patterns. A description of current land use patterns of the Enterprise Zone that includes an estimate of the proportion of land used for different purposes; and a coded map indicating current land use patterns of the proposed zone according to classifications (i.e., privately- held land, which includes business/commercial, industrial, institutional/special purpose, residential, and agricultural/undeveloped, or publicly-held land, which includes State/federal land, local public land in use, and undeveloped/underutilized local public land) or variation thereof;

3) Map of the Zone. A map of the Enterprise Zone locating and naming major employers, industrial parks and vacant facilities, and showing existing streets and highways;

4) Employers in the Zone. A listing of the local commercial and industrial employers in the proposed Enterprise Zone, which consists of the five major employers, the type of products or services they provide, and their number of employees;

5) Industrial Parks in the Zone. A listing of the industrial parks in the proposed Enterprise Zone that have infrastructure in place, which includes

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description of infrastructure, estimated total square footage of buildings and percentage occupied, and a listing of areas of undeveloped land targeted for industrial park development, which includes the location of undeveloped land, number of acres, and zoning classification;

6) Vacant Buildings in the Zone. A listing of the largest vacant or underutilized buildings by address and type of industry use, possible or suitable use (warehousing, light manufacturing, etc.), approximate square footage and percent occupied, and current or previous occupant;

7) Federal Census Data. A compilation of data on the proposed Enterprise Zone and the "larger geography" based on 2000 Federal Census information and the data collection techniques used in calculating the distress criteria, which includes: total population, median family income, median household income, total number of occupied housing units, number of occupied housing units renter-occupied, total number of vacant housing units, total number of persons in poverty, number of persons in civilian labor force, male civilian labor force population, employed male civilian labor force population, female civilian labor force population, and employed female civilian labor force population;

8) Social and Economic Trends. A description of the local social and economic conditions and trends that impact economic development, such as:

A) Areas of Zone Growth. The areas or sectors of recent local and zone area growth which include but are not limited to types of commercial activity or new industries;

B) Areas of Zone Decline. The areas or sectors of recent local and zone area decline (i.e., the most significant layoffs, plant closings, and estimated jobs lost over the last 3 years, and the expectations for recovery or for stability);

C) Reliance on Industries. The types of industries that the area may be heavily dependent on and that are currently in periods of significant change or that are highly subject to regional or national business cycles;

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D) Available Resources. The resources available to stimulate economic development (i.e., people or expertise, money, facilities, market assets, training and education programs, technical assistance related to financial packaging, marketing, etc., for entrepreneurs, small business, and women and minority-owned businesses); and

E) Characteristics of the Community. The characteristics of the community, which include, but are not limited to, local government fiscal stability, local policy choices, bonding authority, and locational factors;

9) Local Revitalization Efforts. A description of local revitalization efforts, which include public or private economic development related activities and commitments that have occurred within the past two years in the proposed Enterprise Zone;

c) Economic Assets and Liabilities of the Zone. A statement and information concerning the economic assets and liabilities of the zone;

bd) Economic Development Goals of the Zone. A statement concerning the economic development goals and objectives of the zone, including: specific three-year development goals and objectives of the zone, and a zone implementation plan describing the specific tasks, activities, and commitments that must be accomplished to achieve each three-year objective; ce) Local Incentives and Programs. Information concerning each local incentive, program, special activity, or commitment to be provided in support of the zone, including: a description of each, how it will be implemented, who will provide it, the estimated impact on the revenue of the local government, any special qualifications or conditions imposed on its applicability, and the period of availability and the effective date provided. However, each incentive, program, special activity, or commitment to be provided may not be offered on a case-by- case basis, and must assure that all taxpayers or participants eligible under similar circumstances are treated in a similar manner;

f) Statement of Community Support. A statement describing the input, assistance, prior consultation, and community support for the zone from individuals, businesses, labor organizations, neighborhood organizations, and others;

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dg) Role of the DZO. A statement describing the role of the DZO, including the functions, programs and services to be performed by the DZO; eh) Municipality or County Incentives. A statement detailing any tax, grant, and other financial incentives or benefits, and any programs, to be provided by the municipality or county to business enterprises within the zone, other than those provided in the designating ordinance, which are not provided throughout the municipality or county;

fi) Economic Impact of the Zone. An estimate of the economic impact of the zone, considering all of the tax incentives, financial benefits and programs contemplated, upon the revenues of the municipality or county;

gj) Management Structure of the Zone. A statement describing the management structure of the zone;

hk) Transcript of Public Hearings. A transcript of all public hearings;

il) Copy of Public Notice. A copy of the public notice; jm) Designating Ordinance. A certified copy of the local government designating ordinance; and

kn) Joint Applicant Information. In the case of a joint application, a statement detailing the need for a zone covering portions of more than one municipality or county, and a description of the agreement between joint applicants;.

l) Boundary Description. A legal description of the Enterprise Zone and a map of the Enterprise Zone that clearly identifies the zone's boundaries and provides names of streets and highways; applicants are encouraged to submit geospatial data as ESRI ARCGIS Shape files; applicants shall clearly indicate any territory within the Enterprise Zone that is already within an existing Enterprise Zone; and

m) Local Labor Market Area. A specific definition of the applicant's local labor market area, along with a statement explaining why the local labor market area used is appropriate for the Enterprise Zone to which it relates; applicants are encouraged to include data on commuting patterns and public transportation or other information demonstrating that for the local labor market area used

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individuals can reside and find employment within a reasonable distance or can readily change jobs without changing their place of residence. [20 ILCS 655/3(h)]

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.230 Application Procedures

a) Preapplication Review. In order to assure that the final application that is submitted is in complete and proper form, each applicant is encouraged to submit a draft application (preapplication) for review by the Department. To qualify for a preapplication review, preapplication information shall be submitted using the standard application form provided by the Department, and must be received by the Department on or before November 1 of each year. An applicant may, prior to submission of the final application, change any element of the draft application.

ab) Application Deadline. Applications shall be submitted to the Department by December 31 for designation prior to September 30July 1 of the following year. Any application received after December 31 of any calendar year shall be held by the Department for consideration and action during the following calendar year. [20 ILCS 655/5.2(a)]

b) All applications for Enterprise Zones that expire on or before December 31, 2016, including the extension provided for in Section 520.315(b)(3), shall be submitted to the Department by December 31, 2014. At that time, the zone becomes available for either the previously designated area or a different area to compete for designation. No preference for designation as a zone will be given to the previously designated area. [20 ILCS 655/5.3(f)]

c) For Enterprise Zones that are scheduled to expire on or after January 1, 2017, an application process shall begin 2 years prior to the year in which the zone expires. At that time, the zone becomes available for either the previously designated area or a different area to compete for designation. No preference for designation as a zone will be given to the previously designated area. [20 ILCS 655/5.3(f)]

d) All applications filed by December 31 of the preceding calendar year and deemed qualified by the Department shall be approved or denied by the Board. If such application is not approved by September 30, the application shall be considered

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denied. If an application is denied, the Board shall inform the applicant of the specific reasons for the denial. [20 ILCS 655/5.2.1(e)]

e) A majority of the Board will determine whether an application is approved or denied. The Board is not, at any time, required to designate an Enterprise Zone. [20 ILCS 655/5.2.1(f)]

f) In determining which designated areas shall be approved and certified as Enterprise Zones, the Board shall give preference to the extent to which the area meets the criteria set forth in Section 520.210. [20 ILCS 655/5.2.1(g)]

g) Each Enterprise Zone that reapplies for certification but does not receive a new certification shall expire on its scheduled termination date. [20 ILCS 655/5.3(f)]

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.240 Joint Application

a) Joint Application. Under a joint application, two or more local governments are the applicants and share responsibility for operation of the Enterprise Zone. Other units of government may participate by offering or supplementing tax incentives and other benefits available in the Enterprise Zone. Submission of a joint application is required in those instances where the proposed Enterprise Zone covers portions of more than one county or municipality. The applicants shall provide a statement explaining the need for the proposed Enterprise Zone to cover portions of more than one city or county.

b) Enabling Ordinance for Joint Applicants. A joint application must be supported by enabling ordinances passed by participating units of local government in accordance with Section 5(a) and (b) of the Act.

c) Intergovernmental Agreement for Joint Applicants. An intergovernmental agreement signed and approved by all joint applicants shall be executed and submitted as a part of the joint application package. The intergovernmental agreement shall include:

1) Duration. The duration of the Enterprise Zone;

2) Description. A description of the Enterprise Zone;

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3) Incentives. The provisions for the tax incentives, programs, and other benefits to be offered;

4) Zone Administrator. A provision for the position of Zone Administrator, and a description of the responsibilities of the position and the selection process;

5) Management Structure. A management structure for the operation of the Enterprise Zone; and

6) Designated Zone Organizations (DZO). The methods of selecting Designated Zone Organizations and coordinating their activities with each designating unit of government.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.250 Application Evaluation and Ranking

a) All applications submitted on or before the deadline established in Section 520.230 shall receive an initial review by the Department. This initial review shall determine if the application contains all the information required pursuant to Section 520.220 and if the application meets at least three of the criteria in Section 520.210(d). Upon meeting the minimum eligibility thresholds, applications will compete in a formalized ranking system.

b) The Department shall issue recommendations to the Board by assigning a score to each application. The scores will be determined by the Department, based on the extent to which an application meets the criteria under Section 520.210.

1) Up to 50 points for the extent to which the applicant meets or exceeds the criteria in Section 520.210(d)(1) with points awarded according to the severity of the unemployment as indicated by the percentage that the unemployment rate in the local labor market area exceeds 120% of the State's annual average unemployment rate for the most recent calendar year or the most recent fiscal year as reported by the Department of Employment Security. [20 ILCS 655/4.1(a)(1)]

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2) Up to 50 points for the extent to which the applicant meets or exceeds the criteria in Section 520.210(d)(2), with points awarded in accordance with the number of jobs created and retained and the aggregate amount of investment promised in the Enterprise Zone as well as the alleviation of the effects of poverty and unemployment within the local labor market area. [20 ILCS 655/4.1(a)(2)]

3) Up to 40 points for the extent to which the applicant meets or exceeds the criteria in Section 520.210(d)(3). [20 ILCS 655/4.1(a)(3)] Applicants will receive:

A) up to 10 points for the poverty rate in the local labor market area, according to the latest data from the Census Bureau;

B) up to 10 points for the percentage of children in participating schools and institutions in the local labor market area are eligible for free and reduced-price meals under the National School Lunch Program according to the most recent data available from the Illinois State Board of Education;

C) up to 10 points for the percentage of households in the local labor market area that receive SNAP benefits, according to the latest data from the Census Bureau; and

D) up to 10 points for the severity of the situations described in subsections (b)(3)(A) through (C).

4) Up to 30 points for the extent to which the applicant meets or exceeds the criteria in Section 520.210(d)(4), with points awarded in accordance with the severity of the environmental impact of the abandoned coal mine, brownfield, or federal disaster area. [20 ILCS 655/4.1(a)(4)] More points will be awarded for abandoned coal mines in the proposed Enterprise Zone that are a priority 1 or 2 site, as determined by the Illinois Department of Natural Resources, Office of Mines and Minerals, Division of Abandoned Mined Lands Reclamation. More points will be awarded for brownfields in the proposed Enterprise Zone that are listed on the U.S. Environmental Protection Agency's National Priorities List. Points will be awarded for major disaster declarations when a county or counties in the proposed Enterprise Zone are included in the individual assistance

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program, the public assistance program, or both programs. More points will be awarded for multiple major disaster declarations.

5) Up to 50 points for the extent to which the applicant meets or exceeds the criteria in Section 520.210(d)(5), with points awarded in accordance with the severity of the applicable facility closures or downsizing. [20 ILCS 655/4.1(a)(5)] Severity of the applicable facility closures or downsizing will be measured by the number of workers affected as shown by notices filed pursuant to the Illinois Worker Adjustment and Retraining Notification Act [820 ILCS 65] in the 10 years prior to the date of application, notices filed pursuant to the State Facilities Closure Act [30 ILCS 608] in the 5 years prior to the date of application, or reliable evidence of the number of workers affected by federal facility closures in the 5 years prior to the date of application.

6) Up to 40 points for the extent to which the applicant meets or exceeds the criteria in Section 520.210(d)(6) with points awarded in accordance with the severity and extent of the high floor vacancy or deterioration. [20 ILCS 655/4.1(a)(6)] Applicants are encouraged to list affected commercial or industrial parcels and/or units and describe how those parcels or units were determined to be vacant or deteriorated. To show a vacancy rate or prevalence, applicants are encouraged to provide data of the total number of commercial and industrial parcels or units in the local labor market area and describe how that data was collected or determined.

7) Up to 30 points for the extent to which the applicant meets or exceeds the criteria in Section 520.210(d)(7) with points awarded in accordance with the extent to which the application addresses a plan to improve the State and local government tax base. [20 ILCS 655/4.1(a)(7)] Applicants should address the State and local sales tax base, the State income tax base, and the local property tax base.

8) Up to 50 points for the extent to which the applicant meets or exceeds the criteria in Section 520.210(d)(8) with points awarded in accordance with the existence of significant public infrastructure in addition to a plan for infrastructure development and improvement. [20 ILCS 655/4.1(a)(8)] Applicants should provide an inventory of the public infrastructure that demonstrates that significant public infrastructure exists in the local labor market area to support economic development at the time of the

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application. Applicants should provide a three-year public infrastructure improvement and development plan for each municipality and/or county applicant government that provides for large, physical improvements that are permanent in nature and that are needed for the functioning of the community, including transportation, utilities, etc. The plans should include a listing of the capital improvement projects, the plan for financing the projects, a timetable for the construction or completion of the projects, and justification for the projects. Points will be awarded for both the inventory of existing public infrastructure and the public infrastructure improvement and development plan, with a majority of the points awarded based on the public infrastructure improvement and development plan.

9) Up to 40 points for the extent to which the applicant meets or exceeds the criteria in Section 520.210(d)(9) with points awarded in accordance with the extent to which educational programs exist for career preparation. Applicants should list all high schools and community colleges in the local labor market area and indicate which high schools and community colleges are engaged in ACT Work Keys, Manufacturing Skills Standard Certification, or other industry-based credentials that prepare students for careers. Applicants should provide documentation that high schools and community colleges in the local labor market are engaged in these programs. More points will be awarded to applicants with a higher percentage of high schools and community colleges engaged in ACT Work Keys, Manufacturing Skills Standard Certification, or other industry- based credentials that prepare students for careers. [20 ILCS 655/4.1(a)(9)]

10) Up to 40 points for the extent to which the applicant meets or exceeds the criteria in Section 520.210(d)(10) with points awarded according to the severity of the change in equalized assessed valuation. [20 ILCS 655/4.1(a)(10)]

A) If the change in statewide equalized assessed valuation in the State of industrial and/or commercial properties in the 5 years prior to the date of application is positive, the applicant should demonstrate that the increase in EAV of industrial and/or commercial properties in the 5 years prior to the date of application in the local labor market area is equal to or less than 50% of the State average increase in equalized valuation for industrial and/or commercial

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properties, as applicable, for the same period of time as reported by the Department of Revenue.

B) If the change in statewide EAV of industrial and/or commercial properties in the 5 years prior to the date of application is negative, the applicant should demonstrate that the decrease in EAV of industrial and/or commercial properties in the 5 years prior to the date of application in the local labor market area is equal to or greater than 50% of the statewide average decrease in equalized valuation for industrial and/or commercial properties, as applicable, for the same period of time as reported by the Department of Revenue.

C) Applicants are encouraged to use data on assessed valuation of industrial and/or commercial properties in the local labor market area from the Department of Revenue or from the chief assessment official of the county or counties in which at least a portion of the local labor market area is contained. Severity will be measured by the difference in the local labor market area's industrial and/or commercial EAV from the State average change in equalized valuation for industrial and/or commercial properties beyond the threshold for this test. c) No later than June 30, the Department shall notify all applicant municipalities and counties of the Department's determination of the qualification of their respective designated Enterprise Zone areas, and shall send qualifying applications, including the applicant's scores for the items listed in subsection (b) and the applicant's final score under this Section, to the Board for the Board's consideration, along with supporting documentation of the basis for the Department's decision. [20 ILCS 655/5.2(c)] a) Ranking Applications. Consistent with Section 5.2(f) of the Act regarding which applications shall be approved and certified as Enterprise Zones, the Department shall rank the applications according to a scale ranging from insignificant to maximum value. The applications will be ranked according to the following ratings:

1) Maximum. A maximum rating will be given if the application meets all requirements of Section 520.220;

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2) Moderate. A moderate rating will be given if the application does not fully meet all of the requirements of Section 520.220, but does fully meet all of the requirements of Section 520.220(a) and (k);

3) Minimum. A minimum rating will be given if the application minimally addresses all of the criteria specified in Section 520.220(a) and (k); and

4) Insignificant. An insignificant rating will be given if an applicant meets none of the criteria of Section 520.220.

b) Maximum Rating – No Guarantee. Maximum ratings do not insure that the applicant will be selected for designation. The Department will conduct intensive evaluations, leading to zone designation decisions. Department staff will conduct site visits and analyze application characteristics. Site visits will address:

1) Comparative Assessment. A comparative assessment of applications, particularly concerning plans to achieve economic growth and expansion, and neighborhood revitalization for zone residents, existing businesses, and new businesses;

2) Verification of Information. A verification of application information; and

3) Implementing the Applications. A determination of the ability of responsible local officials to implement the application as determined through an interview.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART C: ENTERPRISE ZONE: AMENDMENT AND DECERTIFICATION

Section 520.300 Application to Amend an Ordinance

a) Amending an Ordinance. An application for amending an approved ordinance that creates an Enterprise Zone shall follow the conditions set forth in Section 5.4 of the Act. An amendment to such an ordinance is not effective unless and until the Department approves the application and the amending ordinance, and files an amended certificate and the designating ordinance with the Secretary of State and

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local recorder of deeds as provided in Section 5.3 of the Act.

b) Standardized Application. The Department shall furnish upon request a standardized application form to a municipality or county that seeks to amend a certified designating ordinance.

c) Joint Submissions. Where there are two or more designating units of government, an application for amending the terms of an approved Enterprise Zone ordinance shall be a joint submission, certified by the chief elected official or a representative of each designating municipality or county.

d) Including Part of Another Municipality or County. An application for amending an approved ordinance to include a territory of another municipality or county shall be a joint submission, certified by the chief elected official or a representative of each designating municipality or county, and shall also contain, in addition to all other information required under Section 5.1 of the Act and Section 520.220 of this Part, an agreement between the units of government containing, at a minimum, a statement that the parties have agreed that the municipality or county whose ordinance was previously certified by the Department shall have jurisdiction for the administration of the area comprising the zone as set forth in Section 8 of the Act. The application shall also demonstrate that the proposed additional territory meets the eligibility criteria set forth in Section 520.210(d) of this Part and Section 4 of the Act. Applications shall be submitted to the Department, which shall approve or deny the application in writing within 90 days after receipt. The application will be approved if it meets the requirements of this subsection and Section 5.4 of the Act.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.310 Application to Change Boundaries

a) Eligibility Criteria for Proposed Additions. The boundaries of an approved Enterprise Zone may be amended to add areas on forms provided by the Department. An area is eligible if it meets the qualifications described in Section 4 of the Act, and the application to amend the Enterprise Zone ordinance provides analyses and documentation that:

1) Required Tests. The area meets at least threeone of the tests for unemployment, poverty, low income, or populations loss as described in

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Section 520.210(df); or

2) Immediate Benefit. The proposed addition provides an immediate benefit to the established Enterprise Zone and its residents within two years or less by:

A) Full-Time Jobs. Creating or retaining permanent full-time jobs; or

B) Removing Impediments. Removing or correcting an impediment to economic development that exists in the established Enterprise Zone; or

C) Stimulating Revitalization. Stimulating neighborhood residential or commercial revitalization. b) Eligibility Criteria for Proposed Deletions. The boundaries of an approved Enterprise Zone may be amended, on forms provided by the Department, to delete areas. An area is eligible if it meets the qualifications described in Section 4 of the Act, and the application to amend the Enterprise Zone ordinance provides analyses and documentation that:

1) Required Assurance. The area does not meet any one of the tests for unemployment, poverty, low income, or population loss as described in Section 520.210(df); or

2) Accomplishment of Local Objectives. The area is an area in which the local objectives for economic development or neighborhood revitalization of the Enterprise Zone have been accomplished. c) Overlapping Territory. Any territory that is part of an Enterprise Zone initially certified by the Department on or after January 1, 2015 that is part of a previously certified Enterprise Zone shall be deleted from the older Enterprise Zone and shall be part of the newly certified Enterprise Zone, provided that:

1) An application to delete territory under this Section does not need to be filed with the Department for territory to be deleted pursuant to this subsection (c);

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2) The application for certification of the new Enterprise Zone and the designating ordinance must indicate any territory within the new Enterprise Zone that is to be deleted from the older Enterprise Zone; and

3) The "benefit entitlement" provisions of Section 5.4(e) and (f) of the Act (described in Section 520.315(a)(2)(A), (B) and (C)) shall apply.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.315 Application to Change Incentives, Alter Termination Date, and Make Technical Corrections

a) Application to Expand, Limit, or Repeal Incentives

1) Changing Incentives. An applicant shall apply to the Department to expand, limit, or repeal the incentives provided in the ordinance on forms provided by the Department, and shall comply with the procedures described in Section 5.4 of the Act.

2) Continuation of Incentives. Sections 5.4(e) and (f) of the Act provide that all incentives and benefits previously offered shall continue for the original term of the zone for three groups:

A) Receiving Benefits. Business enterprises that are receiving benefits or incentives in the zone on the effective date of the amending ordinance;

B) Proposed Expansions. Business enterprises or expansions that are proposed or under development on the effective date of the amending ordinance, if the business enterprise demonstrates that:

i) The proposed business enterprise or expansion has been committed to locating or expanding in the zone; and

ii) Substantial and binding financial obligations have been made in reasonable reliance on the benefits and programs that would have been available because of the Enterprise Zone;

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C) Individuals in Homestead/Shopstead. Individuals participating in urban homestead or shopstead programs.

3) Local Government Duties. With respect to businesses that are already receiving Enterprise Zone benefits, the local government has the responsibility to attempt to inform eligible businesses through public notice or mailings, and to take administrative steps necessary to assure compliance.

4) Evidence of Financial Commitment. Evidence of commitment under subsection (a)(2)(B)(ii) shall include, but not be limited to: internal memoranda; purchase orders; construction plans and schematics; evidence of financial commitment from financial institutions and/or State, local, or federal governments; and written contracts. Proposed business locations or expansions shall also demonstrate reliance on Enterprise Zone benefits by applying for the incentives, provided that all other requirements are met.

5) Local Government Duties. With respect to homestead and shopstead programs, the local government shall inform affected parties and meet its obligations concerning transfer of title to the property and any other provisions that relate to the rights and privileges of the affected parties. b) Application to Alter Termination Date

1) Altering Termination Date. An applicant shall apply to the Department to alter the termination date provided in the ordinance, on forms provided by the Department, and shall comply with the procedures described in Section 5.4 of the Act.

2) Reducing Duration of Zone. If the amendatory ordinance reduces the duration of the Enterprise Zone, the "benefit entitlement" provisions of Section 5.4(e) and (f) of the Act and described in subsections (a)(2)(A), (B) and (C) shall apply.

3) Any Enterprise Zone in existence on July 25, 2013 that has a term of 20 calendar years may be extended for an additional 10 calendar years upon amendment of the designating ordinance by the designating municipality or county and submission of the ordinance to the Department. The amended ordinance must be properly recorded in the Office of Recorder

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of Deeds of each county in which the Enterprise Zone lies. [20 ILCS 655/5.3(c)]

4) Each Enterprise Zone in existence on August 7, 2012 that is scheduled to expire before July 1, 2016 may have its termination date extended until July 1, 2016 upon amendment of the designating ordinance by the designating municipality or county extending the termination date to July 1, 2016 and submission of the ordinance to the Department. The amended ordinance must be properly recorded in the Office of Recorder of Deeds of each county in which the Enterprise Zone lies. [20 ILCS 655/5.3(c)]

5) Enterprise Zones designated after August 7, 2012, shall be in effect for a term of 15 calendar years, or for a lesser number of years specified in the certified designation ordinance. Those Enterprise Zones shall be subject to review by the Board after 13 years for an additional 10-year designation. During the review process, the Board shall consider the costs incurred by the State and units of local government as a result of tax benefits received by the Enterprise Zone. [20 ILCS 655/5.3(c)] The application for the additional 10 years must be approved by majority vote of the Board.

c) Application to Make Technical Corrections

1) Making Technical Corrections. An applicant shall apply to the Department to make a technical correction in the ordinance, on forms provided by the Department, and shall comply with the procedures described in Section 5.4 of the Act.

2) Definition of Technical Correction. A "technical correction" shall mean a non-substantive change that corrects or clarifies the wording, terms, or conditions of an Enterprise Zone ordinance or intergovernmental agreement. A technical correction is not one that affects any rights and privileges accorded to residents of the zone.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.320 Decertification

a) Decertification – Two Methods. In accordance with Section 5.4 of the Act, an

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Enterprise Zone may be decertified in two ways:

1) Joint Action. By joint action of the Department and the designating county or municipality in accordance with Section 5.4(c) of the Act; or

2) For Cause. For cause by the Department in accordance with Section 5.4(d) of the Act. Cause for decertification shall be defined as the designating unit of government's failure to implement the Enterprise Zone program, which can be evidenced by: the lack of an economic development strategy (no clearly defined objectives or course of action for improving zone performance); the failure to implement a business retention and expansion plan (little or no contact with zone businesses, or zone benefits not explained or publicized to businesses); the failure to comply with program monitoring as set forth in Section 520.410 of this Part; and the failure to implement incentives uniformly throughout the Enterprise Zone as described in Section 520.220(ce). b) Notice of Probation. The Department shall notify each designating unit of government of the commencement of the probationary status pending action to decertify the Enterprise Zone. Notice shall include: the date the probationary term begins; the duration of the probationary term; the deficiencies involved; and the date and location of the public hearing. The probationary status shall commence on the date the notice is postmarked.

1) Work Plan. Within 30 days after the date of the Department notice, the designating unit of government shall submit a work plan that explains corrective actions to be taken and any evidence refuting the deficiencies.

2) Public Hearing. Upon expiration of the 30-day response period, the Department shall conduct a public hearing within the boundaries of the Enterprise Zone in order to receive evidence and testimony regarding decertification. Written and oral testimony, including supporting documentation, will be accepted from any affected party, regardless of whether the party resides within the Enterprise Zone boundaries. The Department shall place public notice of the public hearing in one newspaper of general circulation within the Enterprise Zone, not more than 20 days nor less than 5 days before the public hearing. A tape recording of the public hearing shall be made. Interested persons may access the tape recordings of public hearings in accordance with

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procedures provided in the Department's Freedom of Information rules titled Access to Information of the Department of Commerce and Community Affairs (2 Ill. Adm. Code 801).

3) Corrective Steps. The Department shall be available to arrive at an agreement with the designating unit of government regarding the specific corrective steps to be taken. Within 15 days after the date of the public hearing, the Department shall issue a letter to the designating unit of government stating the final terms of the plan for corrective action.

4) Progress Reports. The designating unit of government shall submit written monthly progress reports and shall make personnel available for meetings and interviews to ensure compliance with the plan of corrective action.

5) Notice of Decertification. The Department shall notify the designating unit of government, 21 days prior to the end of the probationary period, as to whether decertification will proceed.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART D: ENTERPRISE ZONE: LOCAL RESPONSIBILITIES

Section 520.400 Zone Administration

a) The administration of an Enterprise Zone shall be under the jurisdiction of the designating municipality or county. Each designating municipality or county shall, by ordinance, designate a Zone Administrator for the certified zones within its jurisdiction. A Zone Administrator must be an officer or employee of the municipality or county. The Zone Administrator shall be the liaison between the designating municipality or county, the Department, and any Designated Zone Organizations within zones under his or her jurisdiction.

b) Each Zone Administrator shall post a copy of the boundaries of the Enterprise Zone on its official Internet website and shall provide an electronic copy to the Department. The Department shall post each copy of the boundaries of an Enterprise Zone that it receives from a Zone Administrator on its official Internet website. [20 ILCS 655/8.2(a)] Administrators are encouraged to submit geospatial data in the form of ESRI ARCGIS Shape files.

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c) The Zone Administrator shall collect and aggregate the following information:

1) the estimated cost of each building project, broken down into labor and materials; and

2) within 60 days after the end of the project, the estimated cost of each building project, broken down into labor and materials. [20 ILCS 655/8.2(b)]

d) By April 1 of each year, each Zone Administrator shall file a copy of its fee schedule with the Department, and the Department shall post the fee schedule on its website. Zone Administrators shall charge no more than 0.5% of the cost of building materials of the project associated with the specific Enterprise Zone, with a maximum fee of no more than $50,000. [20 ILCS 655/8.2(c)]

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.420 Business Cessation Notification

a) Notification of Business Cessation. Section 11.1 of the Act requires a business located within an Enterprise Zone that has received tax credits or exemptions, regulatory relief, or any other benefits under the Act to notify the Department and the officials of the county and municipality in which the business is located, within 60 days after the cessation, of the cessation of business operations. For purposes of this regulation, business cessation shall mean:

1) Business Closed. The business has closed and is not conducting business in any capacity within the boundaries of the Enterprise Zone;

2) Business Relocated. The business has relocated its operations in whole to another area outside the boundaries of the Enterprise Zone; or

3) Business Acquired. The acquisition or assumption of the existing business (which has been certified to receive either the Enterprise Zone Utility Tax Exemption or the Enterprise Zone Expanded Manufacturing Machinery and Equipment/Pollution Control Facilities Sales Tax Exemption) and/or assets by another entity.

b) Notice for Closed or Relocated Businesses. In the case of business cessation

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under the categories specified under subsections (a)(1) and (a)(2), notification shall consist of a letter from the person in charge at the affected facility identifying:

1) Date of Cessation. The date of business cessation; and

2) Number of Employees. The number of employees at the time of business cessation. c) Notice for Acquired Businesses. In the case of a business cessation under the category specified in subsection (a)(3), notification shall consist of a letter from the person in charge at the affected facility identifying:

1) Date of Purchase. The date of purchase;

2) Name of New Business. The name of the new business; and

3) Exemption the Acquired Business Received. The type of exemption that the acquired or assumed business was receiving (either the Enterprise Zone Utility Tax Exemption or the Enterprise Zone Expanded Manufacturing Machinery and Equipment/Pollution Control Facilities Sales Tax Exemption). d) People to Notify. Notification of the business cessation shall be submitted to:

1) DCEODCCA. Office Chief, Office of BusinessEconomic Development Programs, Department of Commerce and Economic Opportunity, 500 East MonroeCommunity Affairs, 620 East Adams Street, Springfield, Illinois 62701;

2) Enterprise Zone. The chief elected official of the Enterprise Zone community in which the business was located; and

3) Joint Enterprise Zone. In the case of a joint zone, the chief elected official of the municipality and the County Board Chairperson of the participating county.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

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SUBPART F: HIGH IMPACT BUSINESSES IN ILLINOIS

Section 520.600 Definitions

The following definitions are applicable to Subpart F.

"Department" means the Department of Commerce and Economic OpportunityCommunity Affairs.

"Eligible investment" means the required amount of investments in qualified property, as defined by Section 201(h) of the Illinois Income Tax Act [35 ILCS 5/201(h)] that qualifies a business for the High Impact Business designation.

"Fertilizer plant" means a newly constructed or upgraded plant utilizing gas used in the production of anhydrous ammonia and downstream nitrogen fertilizer products for resale. [20 ILCS 655/5.5(a)(3)(F)]

"Foreign Trade Zone" or "Foreign Trade Sub-Zone" means a geographic area designated by the federal government under the Foreign Trade Zone Act of 1934, as amended (19 USC 81(a)) or rules promulgated under that Act (15 CFR 400 (1986)).

"Full-time employer" means a person who works an average of a minimum of 35 regular hours per week for 52 weeks for a total of 1,820 or more hours per year. Vacations, paid holidays and sick time are included in this computation. Overtime is not considered a part of regular hours.

"Full-time equivalent job" means a job in which the new employee works for the recipient or for a corporation under contract to the recipient at a rate of at least 35 hours per week. A recipient who employs labor or services at a specific site or facility under contract with another may declare one full-time, permanent job for every 1,820 man hours worked per year under that contract. Vacations, paid holidays, and sick time are included in this computation. Overtime is not considered a part of regular hours. [20 ILCS 655/3(i)]the number of employees required to equal one full-time employee. For purposes of this definition, employee means a person who works a minimum of 35 hours per week for a minimum of 13 consecutive weeks to be counted toward full-time equivalency.

"Full-time retained job" means any employee defined as having a full-time or full-

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time equivalent job preserved at a specific facility or site, the continuance of which is threatened by a specific and demonstrable threat, which shall be specified in the application for development assistance. A recipient who employs labor or services at a specific site or facility under contract with another may declare one retained employee per year for every 1,750 man hours worked per year under that contract, even if different individuals perform on-site labor or services. [20 ILCS 655/3(j)]

"High Impact Business" means a business located in Illinois designated as a High Impact Business by the Department pursuant to Section 5.5 of the Illinois Enterprise Zone Act [20 ILCS 655/5.5].

"Job creation" means at least 500 full-time equivalent employees are to be hired at a designated location in Illinois over the number of full-time equivalent employees that were employed by the applicant prior to January 1, 1989. Job titles being filled or refilled as a result of strikes or layoffs or replacement workers to replace company locked out employees cannot be counted as job creation. Job creation must occur within 36 months after the designation date, except that, in the case of a High Impact business designated under Section 5.5(a)(3)(F) of the Act, job creation must occur within 48 months after the designation date.

"Job retention" means at least 1,500 full-time employees are to be retained by the High Impact Business as a direct result of the eligible investment, and that the employees would have lost their jobs had the eligible investment not been made. Job retention means maintaining all full-time jobs of a company that existed at the designated locations at the time of application submittal.

"Large scale investment and development project" means a project of a High Impact Business that is the result of a minimum eligible investment of $12 million that will be placed in service in qualified property and causes the creation of 500 full-time equivalent jobs, or is the result of a minimum eligible investment of $30 million that will be placed in service in qualified property and causes the retention of 1,500 full-time jobs at a designated location in Illinois.

"New electric generating facility" means a newly-constructed electric generation plant or a newly-constructed generation capacity expansion at an existing electric generation plant, including the transmission lines and associated equipment that transfers electricity from points of supply to points of delivery, and for which such new foundation construction commenced not sooner than July 1, 2001.

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"New employee" means a full-time equivalent job that represents a net increase in the number of the High Impact Business' employees statewide. "New employee" includes an employee who previously filled a new employee position with the recipient who was rehired or called back from a layoff that occurs during or following the base years. The term "new employee" does not include any of the following:

An employee of the High Impact Business who performs a job that was previously performed by another employee in this State, if that job existed in this State for at least 6 months before hiring the employee;

Any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital or value of any member of the High Impact Business;

A child, grandchild, parent or spouse, other than a spouse who is legally separated from the individual, of any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital or value of any member of the High Impact Business;

Employee positions being filled or refilled as a result of strikes or layoffs or replacement workers to replace High Impact Business company locked out employees.

"New gasification facility" means a newly constructed coal gasification facility that generates chemical feedstocks or transportation fuels derived from coal (which may include, but are not limited to, methane, methanol, and nitrogen fertilizer) that supports the creation or retention of Illinois coal-mining jobs, and that qualifies for financial assistance from the Department before December 31, 2010. [20 ILCS 655/5.5(a)(3)(B-5)]

"New Illinois coal mining jobs" means coal mining jobs created in Illinois coal mines, not sooner than July 1, 2001, not including a call back from a layoff, supported by a "new electric generating facility" as described in this Section. Alternatively, a "new Illinois coal mining job" can be indirectly determined from quantities of coal purchased, or to be purchased, annually, based on the average amount of coal produced per Illinois miner in calendar year 2000, as published in the Annual Statistical Report of the Division of Mines and Minerals, Illinois

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Department of Natural Resources. Illinois miners produced an average of 9,691 tons of coal in calendar year 2000.

"New wind power facility" means a newly constructed electric generation facility, or a newly constructed expansion of an existing electric generation facility, placed in service on or after July 1, 2009, that generates electricity using wind energy devices, and such facility shall be deemed to include all associated transmission lines, substations, and other equipment related to the generation of electricity from wind energy devices. [20 ILCS 655/5.5(a)(3)(E)]

"Placed in service" means the state or condition of readiness and availability for a specifically assigned function. An eligible investment in qualified property as defined in Section 201(h)(2) of the Illinois Income Tax Act [35 ILCS 5/201(h)(2)] shall be considered placed in service on the date the property is placed in a condition of readiness and availability for use, or the date on which the depreciation period of that property begins.

"Prevailing wage" means the hourly cash wages plus fringe benefits for training and apprenticeship programs approved by the U.S. Department of Labor, Bureau of Apprenticeship and Training, health and welfare, insurance, vacations and pensions paid generally, in the locality in which the work is being performed, to employees engaged in work of a similar character on public works. [20 ILCS 655/5.5(a)(3)(F)]

"Transmission facilities" means transmission lines with a voltage rating of 115 kilovolts or above, including associated equipment, that transfer electricity from points of supply to points of delivery and that transmit a majority of the electricity generated by a new electric generating facility designated as a High Impact Business in accordance with Section 5.5(d) of the Act.

"Wind energy device" means any device, with a nameplate capacity of at least 0.5 megawatts, that is used in the process of converting kinetic energy from the wind to generate electricity. [20 ILCS 655/5.5(a)(3)(E)]

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.620 Eligibility Criteria

A business mayshall be designated by the Department as a High Impact Business if the business:

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a) General. Is located in Illinois and is not located in an Enterprise Zone; and:

1) Not in a Zone. Is not located in an Illinois Enterprise Zone; and

b) The business intends to do one or more of the following:

12) Minimum Eligible Investment. Intends to make a minimum eligible investment of $12 million that will be placed in service in qualified property in Illinois and intends to create 500 full-time equivalent jobs at a designated location in Illinois; or intends to make a minimum eligible investment of $30 million that will be placed in service in qualified property in Illinois and intends to retain 1,500 full-time equivalent jobs at a designated location in Illinois. The business must certify in writing that the investments would not be placed in service in qualified property and the job creation or job retention would not occur without the tax credits and exemptions set forth in Section 5.5(b) of the Act. The terms "placed in service" and "qualified property" have the same meanings as described in subsection (h) of Section 201(h) of the Illinois Income Tax Act [20 ILCS 655/5.5(a)(3)(A)]; or

2b) New Electric Generating Facility. Intends to establish a new electric generating facility at a designated location in Illinois. Such facility shall be designed to provide baseload electric generation and shall operate on a continuous basis throughout the year; and shall have an aggregate rated generating capacity of at least 1,000 megawatts for all new units at one site if it uses natural gas as its primary fuel and foundation construction of the facility is commenced on or before December 31, 2004, or shall have an aggregate rated generating capacity of at least 400 megawatts for all new units at one site if it uses coal or gases derived from coal as its primary fuel and shall support the creation of at least 150 new Illinois coal mining jobs. The business must certify in writing that the investments necessary to establish a new electric generating facility would not be placed in service and the job creation in the case of a coal-fueled plant would not occur without the tax credits and exemptions set forth in Section 5.5(b-5) of the Act [20 ILCS 655/5.5(a)(3)(B)]; or

3) New Gasification Facility. Intends to establish a new gasification facility at a designated location in Illinois. A new gasification facility does not

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include a pilot project located within Jefferson County or within a county adjacent to Jefferson County for synthetic natural gas from coal [20 ILCS 655/5.5(a)(3)(B-5)]; or

4c) Production Operations at a New Coal Mine. Intends to establish production operations at a new coal mine, re-establish production operations at a closed coal mine, or expand production at an existing coal mine at a designated location in Illinois not sooner than July 1, 2001; provided that the production operations result in the creation of 150 new Illinois coal mining jobs as described in Section 5.5(a)(3)(B) of the Act; and further provided that the coal extracted from the mine is utilized as the predominant source for a new electric generating facility. The business must certify in writing that the investments necessary to establish a new, expanded, or reopened coal mine would not be placed in service and the job creation would not occur without the tax credits and exemptions set forth in Section 5.5(b-5) of the Act. The term "placed in service" has the same meaning as described in subsection (h) of Section 201(h) of the Illinois Income Tax Act [20 ILCS 655/5.5(a)(3)(C)]; or

5d) New or Upgraded Transmission Facilities. Intends to construct new transmission facilities or upgrade existing transmission facilities, at designated locations in Illinois, for which construction commenced not sooner than July 1, 2001. The business must certify in writing that the investments necessary to construct new transmission facilities or upgrade existing transmission facilities would not be placed in service without the tax credits and exemptions set forth in Section 5.5(b-5) of the Act [20 ILCS 655/5.5(a)(3)(D)]; or.

6) New Wind Power Facility. Intends to establish a new wind power facility at a designated location in Illinois. [20 ILCS 655/5.5(a)(3)(E)] The construction of a new wind power facility by a business designated as a High Impact Business under Section 5.5(a)(3)(E) of the Act is a "public works" as defined by Section 2 of the Prevailing Wage Act [820 ILCS 130/2]; or

7) Qualifying Fertilizer Plant

A) The business commits to:

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1) make a minimum investment of $500,000,000, which will be placed in service in a qualified property;

2) create 125 full-time equivalent jobs at a designated location in Illinois;

3) establish a fertilizer plant at a designated location in Illinois that complies with the set-back standards described in Table 1: Initial Isolation and Protective Action Distances in the 2012 Emergency Response Guidebook published by the United States Department of Transportation;

4) pay a prevailing wage for employees at that location who are engaged in construction activities; and

5) secure an appropriate level of general liability insurance to protect against catastrophic failure of the fertilizer plant or any of its constituent systems.

B) In addition, the business must agree to enter into a construction project labor agreement including provisions establishing wages, benefits, and other compensation for employees performing work under the project labor agreement at that location. [20 ILCS 655/5.5(a)(3)(F)]

C) This subsection (b)(7) applies only to businesses that submit an application to the Department within 60 days after July 25, 2013.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.630 Form of Application

An application shall be submitted on the standard application form provided by the Department. The application shall include:

a) Investment Information. For each eligible investment, a description of the planned investment; documentation to substantiate that the investment is qualified (e.g., construction schedules, schematics, and specifications or lists, and

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approximate value of equipment to be purchased as provided by contractors and/or architects and engineers); and a statement of when the eligible investment will be placed in service in qualified property. b) Job Creation. For investments in which full-time equivalent jobs are to be created, organized by job titles, the number of current and new full-time equivalent employees and the starting date of the new employees; and an explanation of how and why the investment causes additional full-time employment at the designated location in Illinois in which the investment is made. c) Job Retention. For each designated location in Illinois in which full-time jobs are to be retained, organized by job titles, the number of full-time employees; and an explanation of how and why the investment causes the retention of full-time employees. d) Existing Illinois Businesses. Existing Illinois businesses qualifying under the job retention criteria must provide a prospective plan that demonstrates that 1,500 full-time jobs would be eliminated in the event the business is not designated. The prospective plan shall include, but is not limited to, written information such as non-Illinois sites under consideration, cost-benefit analyses of moving or closing the business, financial statements, internal memoranda, or any other financial documentation evidencing that the business would either relocate to a non-Illinois site or close down in the event the business is not designated. This provision does not apply to new wind power facilities.

e) Newly Proposed Facilities. Newly proposed facilities qualifying under the job creation criteria must provide proof of alternative non-Illinois sites that would receive the proposed investment and job creation in the event the business is not designated. Such proof shall include, but is not limited to, incentive letters, prospective offers from other states, or other documentation indicating a firm interest in alternative non-Illinois locations. This provision does not apply to new wind power facilities.

f) Certification. A signed and dated statement that the investments would not be placed in service in qualified property and the job creation or retention would not occur without the tax credits and exemptions set forth in Section 5.5(b) of the Illinois Enterprise Zone Act; a signed and dated statement indicating application information is true and correct, and granting the Department access to material, documentation, and other data required to verify application information. The

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signed and dated statement that the investments would not be placed in service in qualified property and the job exemptions set forth in Section 5.5(b) of the Illinois Enterprise Zone Act applies only to the initial application for designation and not to any subsequent renewals.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.640 Application Approval Process

a) Application Submissions. Applications may be submitted to the Department at any time during the year.

b) Approvals and Denials. The Department shall approve or deny an application within 30 days. If the Department denies the initial application, it will specify the reasons for the denial in writing and allow the applicant 30 days to amend and resubmit the application. Resubmitted applications will be approved or denied in writing within 30 days after receipt. In no event shall the review period last longer than 90 days. In the event of a complaint by the applicant, the Department will follow the procedures outlined in 56 Ill. Adm. Code 2605 (Administrative Hearing Rules).

c) Notification of Designation. If the applicant is eligible, in accordance with Section 520.620, the Department will notify the applicant in writing of designation as a High Impact Business and transmit a copy of the designation to the Illinois Department of Revenue.

d) Tax Credits and Exemptions (Investments). Applicants designated as High Impact Business pursuant to Section 5.5(a)(3)(A) of the Act shall qualify for the credits and exemptions described in the following Acts: Sections 9-222 and 9- 222.1A of the Public Utilities Act [220 ILCS 5/9-222 and 9-222.1A]; Section 201(h) of the Illinois Income Tax Act [35 ILCS 5/201(h)]; and Sections 1d, 1e, and 5l of the Retailers' Occupation Tax Act [35 ILCS 120/1d, 1e and 5l]; provided that the credits and exemptions described in these Acts shall not be authorized until the minimum investments have been placed in service in qualified properties, and in the case of the exemptions described in the Public Utilities Act and the Retailers' Occupation Tax Act, the minimum full-time equivalent jobs or full-time jobs shall have been created or retained.

e) Tax Credits and Exemptions (New Electric Generating Facility, New Coal Mine,

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and New Transmission Facility). Applicants designated as High Impact Businesses pursuant to Section 5.5(a)(3)(B), (a)(3)(C), and (a)(3)(D) of the Act shall qualify for the credits and exemptions described in the following Acts: Section 5l of the Retailers' Occupation Tax Act, Sections 9-222 and 9-222.1A of the Public Utilities Act, and Section 201(h) of the Illinois Income Tax Act, however, the credits and exemptions authorized under Sections 9-222 and 9- 222.1A of the Public Utilities Act, and Section 201(h) of the Illinois Income Tax Act, shall not be authorized until the new electric generating facility, the new transmission facility, or the new, expanded, or reopened coal mine is operational; and except that a new electric generating facility whose primary fuel source is natural gas is eligible only for the exemption under Section 5l of the Retailers' Occupation Tax Act.

f) Tax Credits and Exemptions (New Wind Power Facility). Applicants designated as High Impact Businesses pursuant to Section 5.5(a)(3)(E) of the Act shall qualify for the exemptions described in Section 5l of the Retailers' Occupation Tax Act. [20 ILCS 655/5.5(b-6)]

gf) Additional Tax Credits and Exemptions (Foreign Trade Zones and Sub-Zones). High Impact Businesses located in federally designated foreign trade zones or sub-zones are also eligible for additional credits, exemptions, and deductions as described in the following Acts: Section 9-221 of the Public Utilities Act; Sections 201(g) and 203 of the Illinois Income Tax Act; and Section 51 of the Retailers' Occupation Tax Act.

hg) Duty to Notify of Investments. Prior to authorization for the credits and exemptions described in Section 9-222 of the Public Utilities Act and Section 1d of the Retailers' Occupation Tax Act, businesses shall notify the Department, on forms provided by the Department, when the minimum eligible investment has been placed in service in qualified property and the minimum full-time equivalent or full-time jobs have been created or retained.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.650 Revocation of the High Impact Business Designation

a) Failure to Need the Designation. The Department shall revoke a High Impact Business designation in the event that it demonstrates that the business would have placed in service in qualified property the minimum eligible investment and

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created or retained the requisite number of jobs without the benefits of the High Impact Business designation. Proof of this shall include, but is not limited to, correspondence, financial plans and prospectuses, internal memoranda, and other written documentation demonstrating that the business would have made the eligible investment without the designation. b) Failure to Comply with Certification. The Department shall revoke a High Impact Business designation if the business fails to comply with the terms and conditions of the certification. c) Failure to Provide True Information on the Application. The Department shall revoke a High Impact Business designation if it is determined upon investigation that the business falsified application information in violation of Section 520.630(f). d) Notification of Revocation. The Department shall notify a High Impact Business in writing that it is subject to revocation. TheSuch notice shall include the reason for revocation and the date and location of a hearing to be held pursuant to 56 Ill. Adm. Code 2605 (Administrative Hearing Rules).

e) Recovery of Wrongfully Exempted State Taxes. Following revocation, the Department will contact the Director of the Illinois Department of Revenue and request he begin proceedings to recover wrongfully exempted State taxes with interest under the provisions of Sections 35 ILCS 120/4 and 5 of the Retailers' Occupation Tax Act.

f) Ineligibility for State Funded Programs. Any business whose High Impact Business designation is revoked shall be ineligible for all State funded Department programs for 10 years.

g) The penalties for new wind power facilities or Wind Energy Businesses for failure to comply with any of the terms or conditions of the Illinois Prevailing Wage Act shall be only those penalties identified in the Illinois Prevailing Wage Act, and the Department shall not revoke a High Impact Business designation as a result of the failure to comply with any of the terms or conditions of the Illinois Prevailing Wage Act in relation to a new wind power facility or a Wind Energy Business. [20 ILCS 655/5.5(g)]

(Source: Amended at 38 Ill. Reg. ______, effective ______)

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SUBPART G: TAX INCENTIVES FOR ENTERPRISE ZONES AND HIGH IMPACT BUSINESSES

Section 520.700 List of Available Tax Incentives

a) Several tax incentives are available to businesses in Enterprise Zones and those designated as a High Impact Business. The following four are available to both Enterprise Zones and High Impact Businesses:

1) Investment Tax Credit found in the Illinois Income Tax Act [35 ILCS 5/201(f) and (h)];

2) Utility Tax Exemption found in the Public Utilities Act [220 ILCS 5/9- 222.1 and 9-222.1A];

3) Machinery and Equipment/Pollution Control Facilities Sales Tax Exemption found in the Retailers' Occupation Tax Act [35 ILCS 120/1d - 1f]; and

4) Building Material Sales Tax Exemption found in the Retailers' Occupation Tax Act [35 ILCS 120/5k and 5l].

b) TwoFour tax incentives available to businesses in Enterprise Zones as well as High Impact Businesses that are located within a Foreign Trade Zone or Sub- Zone:

1) Jobs Tax Credit found in the Illinois Income Tax Act [35 ILCS 5/201(g)];

12) Dividend Income Deduction found in the Illinois Income Tax Act [35 ILCS 5/203(a)(2)(K), (b)(2)(K) and (L), (c)(2)(O) and (d)(2)(M)]; and

23) Interest Income Deduction for Financial Institutions found in the Illinois Income Tax Act [35 ILCS 5/203(b)(2)(M) and (M-1).; and

4) Telecommunications Excise Tax Exemption on Originating Calls found in the Telecommunications Excise Tax Act [35 ILCS 630].

c) A tax incentive available to businesses in Enterprise Zones as well as High Impact

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Businesses located within a Foreign Trade Zone or Sub-Zone is the Telecommunications Excise Tax Exemption on Originating Calls found in the Telecommunications Excise Tax Act [35 ILCS 630].

d) A special tax incentive exists that is limited only to a High Impact Business Service Facility in an Enterprise Zone. This tax incentive is known as the High Impact Service Facility Machinery and Equipment Sales Tax Exemption and is found in the Retailers' Occupation Tax Act [35 ILCS 120/li and 1j].

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART I: UTILITY TAX EXEMPTION

Section 520.900 Definitions

The following definitions are applicable to Subpart I.

"Act" means Sections 9-221, 9-222 and 9-222.1 of the Public Utilities Act [220 ILCS 5/9-221, 9-222 and 9-222.1].

"Department" means the Department of Commerce and Economic OpportunityCommunity Affairs.

"Eligible investment" means:

Investments in qualified property that are placed in service in an Enterprise Zone or by a designated High Impact Business in Illinois. Qualified properties are statutorily defined in Section 201(f) and (h) of the Illinois Income Tax Act [35 ILCS 5/201(f) and (h)]; or

Noncapital/nonroutine investments, and associated service costs (direct labor or contractual fees), placed in service in an Enterprise Zone and made for the improvement or renovation of qualified properties. These activities are undertaken for the purpose of improving productive capacity, efficiency, product quality, or competitive position. The investments cannot be repetitious, commonplace, or associated with regular maintenance expenditures, and would include, for example, rebuilt cast house furnaces, rebuilt soaking furnaces, a rebuilt hot line control system, a restructured plant layout, and installed equipment to rebuild a logeman

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baler. Noncapital/nonroutine investments are those that do not qualify for the investment tax credit pursuant to Section 201(f) of the Illinois Income Tax Act.

Businesses utilizing this definition must provide detailed information regarding the purpose, scope, justification, and benefits of these noncapital/nonroutine investments, including defined project start and completion target dates, and a level of expenditures of at least $40,000.

"Foreign Trade Zone" or "Foreign Trade Sub-Zone" means a geographic area designated by the federal government under the Foreign Trade Zone Act of 1934, as amended (19 USCA 81(a)) or rules promulgated under that Act (15 CFR 400 (1986)).

"Full-time equivalent job" means a job in which the new employee works for the recipient or for a corporation under contract to the recipient at a rate of at least 35 hours per week. A recipient who employs labor or services at a specific site or facility under contract with another may declare one full-time, permanent job for every 1,820 man hours worked per year under that contract. Vacations, paid holidays, and sick time are included in this computation. Overtime is not considered a part of regular hours. [20 ILCS 655/3(i)]

"Full-time retained job" means any employee defined as having a full-time or full- time equivalent job preserved at a specific facility or site, the continuance of which is threatened by a specific and demonstrable threat, which shall be specified in the application for development assistance. A recipient who employs labor or services at a specific site or facility under contract with another may declare one retained employee per year for every 1,750 man hours worked per year under that contract, even if different individuals perform on-site labor or services. [20 ILCS 655/3(j)]

"Full-time employee" means a person, employed by the taxpayer or any wholly- owned subsidiary of the taxpayer, who works a minimum of 35 hours per week for 52 weeks for a minimum total of 1,820 hours per year. Vacations, paid holidays, and sick time are included in this computation. Overtime is not considered a part of regular hours.

"Full-time equivalent job" means the number of employees required to equal one full-time employee. For purposes of this definition, employee means a person

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who works a minimum of 35 hours per week for a minimum of 13 consecutive weeks to be counted toward full-time equivalency.

"High Impact Business" means a business that designated as a High Impact Business by the Department pursuant to the provisions of Section 5.5 of the Illinois Enterprise Zone Act [20 ILCS 655/5.5] and 14 Ill. Adm. Code 520.600.

"Job creation" means at least 200 full-time equivalent employees have been hired over the number of full-time equivalent employees that were employed by the applicant as of January 1, 1986, or the date the Enterprise Zone was certified, whichever is later. Job titles being filled or refilled as a result of strikes or layoffs or replacement workers to replace company locked out employees cannot be counted as job creation. A majority of the "jobs created" must be made in the Enterprise Zone in which the eligible investment is made.

"Job retention" means that at least 1,000 full-time employees will remain employed in Illinois as a direct result of the eligible investment, and that the employees would have lost their jobs had the investment not been made. A majority of the "jobs retained" must be in the Enterprise Zone in which the eligible investment was made.

"Minimum investment" means the amount of eligible investment that must be made to qualify for the exemption. Under the job creation criteria, the minimum eligible investment that must be made in an Enterprise Zone is $5 million. Under the job retention criteria the minimum eligible investment that must be made in an Enterprise Zone is $20 million.

"New employee" means a full-time equivalent job that represents a net increase in the number of the recipient's employees statewide. "New employee" includes an employee who previously filled a new employee position with the recipient who was rehired or called back from a layoff that occurs during or following the base years. The term "new employee" does not include any of the following:

An employee of the recipient who performs a job that was previously performed by another employee in this State, if that job existed in this State for at least 6 months before hiring the employee;

Any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital or value of any member of the recipient;

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A child, grandchild, parent or spouse, other than a spouse who is legally separated from the individual, of any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital or value of any member of the recipient;

Employee positions being filled or refilled as a result of strikes or layoffs or replacement workers to replace recipient company locked out employees.

"Placed in service" means the state or condition of readiness and availability for a specifically assigned function.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.910 Eligibility Criteria

a) Enterprise Zones

1) Minimum Eligible Investment. Eligibility for the tax exemption is contingent on the business making a minimum eligible investment of $5 million in an Enterprise Zone, which causes the creation of a minimum of 200 full-time equivalent jobs in Illinois; or a minimum eligible investment of $20 million in an Enterprise Zone, which causes the retention of a minimum of 1,000 full-time jobs in Illinois.

2) More Than One Facility. Businesses owning and operating more than one facility located in Illinois Enterprise Zones shall qualify for this exemption by combining their investments and jobs created or retained if the business can demonstrate that the manufacturing processes at each location are interrelated. The Department considers the manufacturing processes to be interrelated if the facilities act as one functional unit in the manufacture of the final product. Proof of such interrelationship shall include, but is not limited to, internal memoranda, flow charts, narrative descriptions, organization charts, annual reports, or any other written documentation that demonstrates that the manufacturing processes are interrelated. The majority of jobs shall be located in one or more Illinois Enterprise Zones.

b) High Impact Business

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Minimum Eligible Investment. In the case of a designated High Impact Business, eligibility is contingent on the business making a minimum eligible investment of $12 million placed in service in qualified property at a designated location in Illinois, which causes the creation of 500 full-time equivalent jobs at the designated location; or making a minimum eligible investment of $30 million placed in service in qualified property in a designated location in Illinois, which causes the retention of 1,500 full-time equivalent jobs at a designated location in Illinois. Job retention means maintaining all full-time jobs of a company that existed at the designated locations at the time of application submittal.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART J: MACHINERY AND EQUIPMENT/POLLUTION CONTROL FACILITIES SALES TAX EXEMPTION

Section 520.1000 Definitions

The following definitions are applicable to Subpart J.

"Act" means Sections 1d-1f of the Retailers' Occupation Tax Act [35 ILCS 120/1d-1f].

"Department" means the Department of Commerce and Economic OpportunityCommunity Affairs.

"Eligible investment" means:

Investments in qualified property that are placed in service in an Enterprise Zone or by a designated High Impact Business in Illinois. Qualified properties are statutorily defined in Section 201(f) and (h) of the Illinois Income Tax Act [35 ILCS 5/201(f) and (h)]; and

Noncapital/nonroutine investments, and associated service costs (direct labor or contractual fees), placed in service in an Enterprise Zone and made for the improvement or renovation of qualified properties. These activities are undertaken for the purposes of improving productive capacity, efficiency, product quality, or competitive position. The investments cannot be repetitious, commonplace, or associated with regular maintenance expenditures, and would include, for example, rebuilt

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cast house furnaces, rebuilt soaking furnaces, a rebuilt hot line control system, a restructured plant layout, and installed equipment to rebuild a logeman baler. Noncapital/nonroutine investments are those that do not qualify for the investment tax credit pursuant to Section 201(f) of the Illinois Income Tax Act.

Businesses utilizing this definition must provide detailed information regarding the purpose, scope, justification, and benefits of these noncapital/nonroutine investments, including defined project start and completion target dates, and a level of expenditures of at least $40,000.

"Full-time equivalent job" means a job in which the new employee works for the recipient or for a corporation under contract to the recipient at a rate of at least 35 hours per week. A recipient who employs labor or services at a specific site or facility under contract with another may declare one full-time, permanent job for every 1,820 man hours worked per year under that contract. Vacations, paid holidays, and sick time are included in this computation. Overtime is not considered a part of regular hours. [20 ILCS 655/3(i)]

"Full-time retained job" means any employee defined as having a full-time or full- time equivalent job preserved at a specific facility or site, the continuance of which is threatened by a specific and demonstrable threat, which shall be specified in the application for development assistance. A recipient who employs labor or services at a specific site or facility under contract with another may declare one retained employee per year for every 1,750 man hours worked per year under that contract, even if different individuals perform on-site labor or services. [20 ILCS 655/3(j)]

"Full-time employee" means a person, employed by the taxpayer or any wholly- owned subsidiary of the taxpayer, who works a minimum of 35 hours per week for 52 weeks for a minimum total of 1,820 hours per year. Vacations, paid holidays, and sick time are included in this computation. Overtime is not considered a part of regular hours.

"Full-time equivalent job" means the number of employees required to equal one full-time employee. For purposes of this definition, employee means a person who works a minimum of 35 hours per week for a minimum of 13 consecutive weeks to be counted toward full-time equivalency.

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"High Impact Business" means a business that is designated as a High Impact Business by the Department pursuant to the provisions of Section 5.5 of the Illinois Enterprise Zone Act [20 ILCS 655/5.5].

"Job creation" means at least 200 full-time equivalent employees have been hired over the number of full-time equivalent employees that were employed by the applicant as of September 25, 1985 or the date the Enterprise Zone was certified, whichever is later. Job titles being filled or refilled as a result of strikes or layoffs or replacement workers to replace company locked out employees cannot be counted as job creation. A majority of the "jobs created" must be made in the Enterprise Zone in which the eligible investment is made.

"Job retention" means:

At least 2,000 full-time employees, a majority of whom are located in the Enterprise Zone in which the eligible investment is made, will remain employed in Illinois as a direct result of the eligible investment, and would have lost their jobs had the investment not been made. The number originally retained in the Enterprise Zone must be retained for the duration of the exemption; or

At least 90% of the full-time jobs in place in the Enterprise Zone on the date on which the exemption is granted will remain in place in the Enterprise Zone for the duration of the exemption. If the business utilizes full-time jobs retained at Illinois facilities outside of the Enterprise Zone to qualify for this exemption, 90% of the total full-time jobs must also be retained for the duration of the exemption.

"Minimum investment" means the amount of eligible investment that must be made to qualify for the exemption. Under the job creation criteria, the minimum eligible investment that must be made in an Enterprise Zone is $5 million. Under the job retention criteria, the minimum eligible investment that must be made in an Enterprise Zone is $40 million.

"New employee" means a full-time equivalent job that represents a net increase in the number of the recipient's employees statewide. "New employee" includes an employee who previously filled a new employee position with the recipient who was rehired or called back from a layoff that occurs during or following the base years. The term "new employee" does not include any of the following:

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An employee of the recipient who performs a job that was previously performed by another employee in this State, if that job existed in this State for at least 6 months before hiring the employee;

Any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital or value of any member of the recipient;

A child, grandchild, parent or spouse, other than a spouse who is legally separated from the individual, of any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital or value of any member of the recipient;

Employee positions being filled or refilled as a result of strikes or layoffs or replacement workers to replace recipient company locked out employees.

"Placed in service" means the state or condition of readiness and availability for a specifically assigned function as defined in 26 CFR 1.46-3(d) (July 1, 2012)1.167(a)-11, Code of Federal Regulations Vol. 2, April 1, 2001. An eligible investment in qualified property as defined in Section 201(f) of the Illinois Income Tax Act shall be considered placed in service on the earlier of:

The date the property is placed in a condition of readiness and availability for use; or

The date on which the depreciation period of that property begins. Eligible noncapital/nonroutine investments shall be considered placed in service if 80% of the allocated monies have been expended.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 520.1010 Eligibility Criteria

a) Enterprise Zone

1) Minimum Eligible Investment. Eligibility for the tax exemption is contingent on the business making:

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A) a minimum eligible investment of $5 million in an Enterprise Zone that causes the creation of a minimum of 200 full-time equivalent jobs in Illinois, or

B) a minimum eligible investment of $40 million in an Enterprise Zone that causes the retention of a minimum of 2,000 full-time jobs in Illinois; or

C) a minimum eligible investment of $40 million that causes the retention of at least 90% of the jobs in place on the date on which the exemption is granted for the duration of the exemption.

2) More Than One Facility. Businesses owning and operating more than one facility located in Illinois Enterprise Zones shall qualify for this exemption by combining their investments and jobs created or retained if the business can demonstrate that the manufacturing processes at each location are interrelated. The Department considers the manufacturing processes to be interrelated if the facilities act as one functional unit in the manufacture of the final product. Proof of such interrelationship shall include, but is not limited to, internal memoranda, flow charts, narrative descriptions, organization charts, annual reports, or any other written documentation that demonstrates that the manufacturing processes are interrelated. The majority of jobs shall be located in one or more Illinois Enterprise Zones. b) High Impact Business Minimum. In the case of a designated High Impact Business, eligibility is contingent on the business making a minimum eligible investment of $12 million placed in service in qualified property at a designated location in Illinois, which causes the creation of 500 full-time equivalent jobs at the designated location; or making a minimum eligible investment of $30 million placed in service in qualified property in a designated location in Illinois, which causes the retention of 1,500 full-time equivalent jobs at a designated location in Illinois. Job retention means maintaining all full-time jobs of a company that existed at the designated locations at the time of application submittal.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART L: JOBS TAX CREDIT

ILLINOIS REGISTER 16230 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

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Section 520.1200 General (Repealed)

The Jobs Tax Credit found in the Illinois Income Tax Act [35 ILCS 5/201(g)] allows a taxpayer conducting a trade or business in an Enterprise Zone, or a High Impact Business conducting business in a federally designated Foreign Trade Zone or Sub-Zone to be given a tax credit against the tax imposed in Sections 201(a) and (b) of the Illinois Income Tax Act in the amount of $500 per eligible employee hired to work in the zone during the taxable year. The specific terms and conditions governing this tax deduction are found in the Illinois Department of Revenue's regulations (86 Ill. Adm. Code 2120).

(Source: Repealed at 38 Ill. Reg. ______, effective ______)

SUBPART M: DIVIDEND INCOME DEDUCTION

Section 520.1300 General

The Dividend Income Deduction found in the Illinois Income Tax Act [35 ILCS 5/203(a)(2)(K), (b)(2)(L), (c)(2)(O), and (d)(2)(M)20(b)(2)(K) and (L)] provides that taxpayers may deduct from their taxable income an amount equal to those dividends that were paid to them by a corporation that conducts substantially all of its operations in an Enterprise Zone (see 35 ILCS 5/203(b)(2)(K)) or a High Impact Business located in a federally designated Foreign Trade Zone or Sub-Zone (see 35 ILCS 5/203(b)(2)(L)). The specific terms and conditions governing this tax deduction are found in the Illinois Department of Revenue's regulations (86 Ill. Adm. Code 100.2480).

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART N: INTEREST INCOME DEDUCTION FOR FINANCIAL INSTITUTIONS

Section 520.1400 General

The Interest Income Deduction for Financial Institutions found in the Illinois Income Tax Act (see 35 ILCS 5/203(b)(2)(M) and (M-1)) allows any taxpayer that is a financial organization within the meaning of Section 304(c) of the Illinois Income Tax Act to deduct from their Illinois corporate income tax return an amount equal to the interest received from a loan for development in an Enterprise Zone (see 35 ILCS 5/203(b)(2)(M)) or for a High Impact Business located in a federally designated Foreign Trade Zone or Sub-Zone (see 35 ILCS 5/203(b)(2)(M-1)). The specific terms and conditions governing this tax deduction are found in the Illinois Department of Revenue's regulations (86 Ill. Adm. Code 100.2110).

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(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART P: HIGH IMPACT SERVICE FACILITY MACHINERY AND EQUIPMENT SALES TAX EXEMPTION

Section 520.1600 Definitions

The following definitions are applicable to Subpart P.

"Act" means Sections 1i and 1j of the Retailers' Occupation Tax Act [35 ILCS 120/li and lj].

"Business enterprise", for the purpose of determining whether the minimum eligible investment has been made at the High Impact Service Facility, means the taxpayer and any related corporation. For purposes of this definition, related corporation includes any wholly-owned subsidiary of the taxpayer, any corporation that wholly owns the taxpayer, or any corporation that is wholly- owned by the same common parent corporation as the taxpayer.

"Business enterprise project" means a facility used primarily for the sorting, handling and redistribution of mail, freight, cargo or other parcels received from agents or employees of the handler or shipper for processing at a common location and redistribution to other employees or agents for delivery to an ultimate destination on an item-by-item basis, and that consists of an investment of $100 million or more and will cause the creation of 750 or more jobs in an Enterprise Zone established pursuant to the Illinois Enterprise Zone Act and certified by the Department.

"Contractually obligated" means the business enterprise has entered into a legally binding agreement with the Department to comply with Section 1i of the Retailers' Occupation Tax Act.

"Department" means the Department of Commerce and Economic OpportunityCommunity Affairs.

"Eligible investment" means:

Investments in qualified property that will be placed in service at a High

ILLINOIS REGISTER 16232 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

Impact Service Facility located in an Enterprise Zone. Qualified properties are statutorily defined in Section 201(f) and (h) of the Illinois Income Tax Act [35 ILCS 5/201(f) and (h)]; or

Noncapital/nonroutine investments, and associated service costs (direct labor or contractual fees), that will be placed in service at a High Impact Service Facility located in an Enterprise Zone and made for the improvement or renovation of qualified properties. These activities are undertaken for the purposes of improving productive capacity, efficiency, product quality, or competitive position, and cannot be repetitious, commonplace, or associated with regular maintenance expenditures; or

Includes motor driven heavy equipment, not considered rolling stock, used for transporting parcels, machinery, or equipment, or is used to maintain and provide in-house services within the confines of the facility; and automated machinery and equipment used for the purposes of transporting parcels within the facility, along with all components contained in the electronic control systems.

"Full-time equivalent job" means a job in which the new employee works for the recipient or for a corporation under contract to the recipient at a rate of at least 35 hours per week. A recipient who employs labor or services at a specific site or facility under contract with another may declare one full-time, permanent job for every 1,820 man hours worked per year under that contract. Vacations, paid holidays, and sick time are included in this computation. Overtime is not considered a part of regular hours. [20 ILCS 655/3(i)]

"Full-time retained job" means any employee defined as having a full-time or full- time equivalent job preserved at a specific facility or site, the continuance of which is threatened by a specific and demonstrable threat, which shall be specified in the application for development assistance. A recipient who employs labor or services at a specific site or facility under contract with another may declare one retained employee per year for every 1,750 man hours worked per year under that contract, even if different individuals perform on-site labor or services. [20 ILCS 655/3(j)]

"Full-time employee" means a person, employed by the taxpayer or any wholly- owned subsidiary of the taxpayer, who works a minimum of 35 hours per week for 52 weeks for a minimum total of 1,820 hours per year. Vacations, paid

ILLINOIS REGISTER 16233 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

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holidays, and sick time are included in this computation. Overtime is not considered a part of regular hours.

"Full-time equivalent job" means the number of employees required to equal one full-time employee employed at the High Impact Service Facility. For purposes of this definition, employee means a person employed by the taxpayer, any wholly- owned subsidiary of the taxpayer, any corporation that wholly owns the taxpayer, or any corporation that is wholly-owned by the same common parent corporation as the taxpayer, irrespective of the number of hours per week or number of weeks per year worked by such person.

"High Impact Service Facility" means a facility used primarily for the sorting, handling, and redistribution of mail, freight, cargo, or other parcels received from agents or employees of the handler or shipper for processing at a common location and redistribution to other employees or agents for delivery to an ultimate destination on an item-by-item basis [35 ILCS 120/li].

"Job creation" means at least 750 or more full-time equivalent employees have been hired in an Enterprise Zone over the number of full-time equivalent employees that were employed by the applicant in the Enterprise Zone as of July 1, 1989 or the date the Enterprise Zone was certified, whichever is later. Job titles being filled or refilled as a result of strikes or layoffs or replacement workers to replace company locked out employees cannot be counted as job creation.

"New employee" means a full-time equivalent job that represents a net increase in the number of the recipient's employees statewide. "New employee" includes an employee who previously filled a new employee position with the recipient who was rehired or called back from a layoff that occurs during or following the base years. The term "new employee" does not include any of the following:

An employee of the recipient who performs a job that was previously performed by another employee in this State, if that job existed in this State for at least 6 months before hiring the employee;

Any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital or value of any member of the recipient;

A child, grandchild, parent or spouse, other than a spouse who is legally separated from the individual, of any individual who has a direct or

ILLINOIS REGISTER 16234 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

indirect ownership interest of at least 5% in the profits, capital or value of any member of the recipient;

Employee positions being filled or refilled as a result of strikes or layoffs or replacement workers to replace recipient company locked out employees.

"Placed in service" means the state or condition of readiness and availability for a specifically assigned function as defined in 26 CFR 1.46-3(d) (July 1, 2012)1.167(a)-11, Code of Federal Regulations Vol. 2, April 1, 2001. An eligible investment, as defined in this Section, shall be considered placed in service on the earlier of:

The date the property is placed in a condition of readiness and availability for use; or

The date on which the depreciation period of that property begins.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART Q: AIRCRAFT SUPPORT CENTER SALES TAX EXEMPTION

Section 520.1700 Definitions

The following definitions are applicable to this Subpart Q:

"Act" means Section 1o of the Retailers' Occupation Tax Act [35 ILCS 120/1o].

"Aircraft support center" means a support center operated by a carrier for hire that is used primarily for the maintenance, rebuilding, or repair of aircraft, aircraft parts, and auxiliary equipment.

"Contractually obligated" means the business enterprise has entered into a legally binding agreement with the Department to comply with Section 1o of the Retailers' Occupation Tax Act.

"Department" means the Department of Commerce and Economic OpportunityCommunity Affairs.

ILLINOIS REGISTER 16235 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

"Eligible investments" means a $30,000,000 investment in qualified property at a joint use military and civilian airport at a federal Air Force Base that will be placed in service at an airport support center located in a joint use military and civilian airport at a federal Air Force Base. Qualified properties are statutorily defined in Section 201(f) of the Illinois Income Tax Act [35 ILCS 5/201(f)] or are noncapital/nonroutine investments, and associated service costs (direct labor or contractual fees) that will be placed in service at an airport support center located in a joint use military and civilian airport at a federal Air Force Base and made for the improvement or renovation of qualified properties. These activities are used primarily for the maintenance, rebuilding, or repair of aircraft, aircraft parts, and auxiliary equipment.

"Full-time equivalent job" means a job in which the new employee works for the recipient or for a corporation under contract to the recipient at a rate of at least 35 hours per week. A recipient who employs labor or services at a specific site or facility under contract with another may declare one full-time, permanent job for every 1,820 man hours worked per year under that contract. Vacations, paid holidays, and sick time are included in this computation. Overtime is not considered a part of regular hours. [20 ILCS 655/3(i)]

"Full-time retained job" means any employee defined as having a full-time or full- time equivalent job preserved at a specific facility or site, the continuance of which is threatened by a specific and demonstrable threat, which shall be specified in the application for development assistance. A recipient who employs labor or services at a specific site or facility under contract with another may declare one retained employee per year for every 1,750 man hours worked per year under that contract, even if different individuals perform on-site labor or services. [20 ILCS 655/3(j)]

"Full-time employee" means a person employed by the taxpayer who works a minimum of 35 hours per week for 52 weeks for a minimum total of 1,820 hours per year. Vacations, paid holidays, and sick time are included in this computation. Overtime is not considered regular hours.

"Full-time equivalent job" means the number of employees required to equal one full-time employee employed at the aircraft support center. For purposes of this definition, "employee" means a person employed by the taxpayer, irrespective of the number of hours per week or number of weeks per year worked by that person.

ILLINOIS REGISTER 16236 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

"Job creation" means at least 750 full-time equivalent employees have been hired at an airport support center located in a joint use military and civilian airport at a federal Air Force Base. Job titles being filled or refilled as a result of strikes cannot be computed as job creation.

"New employee" means a full-time equivalent job that represents a net increase in the number of the recipient's employees statewide. "New employee" includes an employee who previously filled a new employee position with the recipient who was rehired or called back from a layoff that occurs during or following the base years. The term "new employee" does not include any of the following:

An employee of the recipient who performs a job that was previously performed by another employee in this State, if that job existed in this State for at least 6 months before hiring the employee;

Any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital or value of any member of the recipient;

A child, grandchild, parent or spouse, other than a spouse who is legally separated from the individual, of any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital or value of any member of the recipient;

Employee positions being filled or refilled as a result of strikes or layoffs or replacement workers to replace recipient company locked out employees.

"Placed in service" means the state or condition of readiness and availability for a specifically assigned function as defined in 26 CFR 1.46-3(d). Eligible investments as defined in this Section shall be considered placed in service on the earlier of: the date the property is placed in a condition of readiness and availability for use or the date on which the depreciation period of that property begins.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16237 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: River Edge Redevelopment Zone Program

2) Code Citation: 14 Ill. Adm. Code 524

3) Section Numbers: Proposed Action: 524.20 Amend 524.120 Amend 524.130 Amend 524.510 Amend 524.530 Repeal

4) Statutory Authority: Implemented and authorized by Section 10-6 of the River Edge Redevelopment Zone Act [65 ILCS 115/10-6]

5) A Complete Description of the Subjects and Issues Involved: The purpose of the rulemaking is to implement changes resulting from Public Act 98-109.

6) Any published studies or reports, along with the sources of underlying data, that were used when composing this rulemaking, in accordance with 1 Ill. Adm. Code 100.355: None

7) Will this proposed rulemaking replace an emergency rulemaking currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

9) Does this proposed rulemaking contain incorporations by reference? No

10) Are there any proposed rulemakings containing incorporations by reference? No

11) Statement of Statewide Policy Objectives: The rulemaking does not create or expand a State Mandate as defined in Section 3(b) of the State Mandate Act (30 ILCS 805).

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking:

Jolene Clarke Rules Administrator Department of Commerce and Economic Opportunity 500 E. Monroe

ILLINOIS REGISTER 16238 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

Springfield IL 62701

217/557-1820 (phone) 217-524-3701 (fax) [email protected]

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses and small municipalities affected: Small businesses will no longer be able to apply for the River Edge Redevelopment Jobs Tax Credit. There will be no effect on small municipalities.

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

14) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not included on either of the two most recent agendas because the Department did not anticipate the changes when Agendas were published.

The full text of the Proposed Amendments begins on the next page:

ILLINOIS REGISTER 16239 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

TITLE 14: COMMERCE SUBTITLE B: CONSUMER PROTECTION CHAPTER I: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

PART 524 RIVER EDGE REDEVELOPMENT ZONE PROGRAM

SUBPART A: RIVER EDGE REDEVELOPMENT ZONES IN ILLINOIS

Section 524.10 Purpose 524.20 Definitions

SUBPART B: APPLICATION FOR CERTIFICATION

Section 524.110 Eligible Applicants 524.120 Eligibility Criteria 524.130 Form of Application 524.140 Application Procedures 524.150 Application Evaluation and Ranking 524.160 Certification

SUBPART C: AMENDMENT AND DECERTIFICATION

Section 524.210 Application to Amend an Ordinance 524.220 Application to Change Boundaries 524.230 Application to Change Incentives, Alter Termination Date, and Make Technical Corrections 524.240 Decertification 524.250 Adoption of Tax Increment Financing

SUBPART D: LOCAL RESPONSIBILITIES

Section 524.310 Zone Administration 524.320 Business Cessation Notification

ILLINOIS REGISTER 16240 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

SUBPART E: DESIGNATED ZONE ORGANIZATIONS

Section 524.410 General 524.420 Project Eligibility and Approval 524.430 Charitable Contributions

SUBPART F: TAX INCENTIVES

Section 524.510 List of Available Tax Incentives 524.520 Investment Tax Credit 524.530 Job Tax Credit (Repealed) 524.540 Environmental Remediation Tax Credit 524.550 Dividend Income Deduction 524.560 Interest Income Deduction 524.570 Building Materials Sales Tax Exemption

SUBPART G: RIVER EDGE REDEVELOPMENT GRANT PROGRAM

Section 524.610 Purpose 524.620 Application Cycle 524.630 Eligible Program Costs 524.640 Grant Application 524.650 Review of Grant Applications

AUTHORITY: Implemented and authorized by Section 10-6 of the River Edge Redevelopment Zone Act [65 ILCS 115/10-6].

SOURCE: Adopted by emergency rule at 30 Ill. Reg. 17575, effective October 23, 2006, for a maximum of 150 days; emergency rules modified pursuant to Joint Committee on Administrative Rules Objection at 31 Ill. Reg. 2680, effective January 22, 2007, for the remainder of 150 days; adopted at 31 Ill. Reg. 5509, effective March 20, 2007; amended at 38 Ill. Reg. ______, effective ______.

SUBPART A: RIVER EDGE REDEVELOPMENT ZONES IN ILLINOIS

Section 524.20 Definitions

ILLINOIS REGISTER 16241 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

Act – The River Edge Redevelopment Act [65 ILCS 115/Art. 10] that creates the River Edge Redevelopment Program.

Agency – Each officer, board, commission, and agency created by the Constitution, in the executive branch of State government, other than the State Board of Elections; each officer, department, board, commission, agency, institution, authority, university, and body politic and corporate of the State; each administrative unit or corporate outgrowth of the State government that is created by or pursuant to statute, other than units of local government and their officers, school districts, and board of election commissioners; and each administrative unit or corporate outgrowth of the above and as may be created by executive order of the Governor. No entity is an "agency" for the purposes of the Act unless the entity is authorized by law to make rules or regulations.

Application – A request for program funds, including the required information and attachments.

Bondable Capital Improvements – As defined under 71 Ill. Adm. Code 50 and undertaken by a business organization, not-for-profit corporation or local government.

Business Organization – Any for-profit sole proprietorship, limited partnership, co-partnership, joint venture, corporation, or cooperative.

Department − The Illinois Department of Commerce and Economic Opportunity.

Designated Zone Organization − An association or entity:

The members of which are substantially all residents of the River Edge Redevelopment Zone;

The Board of Directors of which is elected by the members of the organization;

That satisfies the criteria set forth in section 501(c)(3) or 501(c)(4) of the Internal Revenue Code (26 USC 501(c)(3) or (4)); and

That exists primarily for the purpose of performing within thesuch area or

ILLINOIS REGISTER 16242 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

Zone for the benefit of the residents and businesses in the area or Zonetherein any of the functions set forth in Section 8 of the Act [65 ILCS 115/10-8].

Grant − Funds that require no repayment to be used by a qualified applicant.

Local Government − Any unit of local government as defined in Article VII, Section 1 of the 1970 Illinois Constitution.

Minority Person, Female, and Person with a Disability – Have the meanings set forth under Section 2 of the Business Enterprise for Minorities, Females and Persons with Disabilities Act [30 ILCS 575/2].

Not-for-Profit Corporation – A corporation incorporated pursuant to the General Not For Profit Corporation Act of 1986 [805 ILCS 105] and in good standing with the Illinois Secretary of State.

Program – River Edge Redevelopment Grant Program.

Qualified Applicants − Local governments, not-for-profit corporations, and business organizations.

Redevelopment Project – An endeavor undertaken, during a specified time period, to improve cleared or undeveloped land, including, but not limited to, erection of buildings and other facilities by public or private entities, and site improvements installed by a local government in order to prepare the land for disposition to developers.

Recipient – Any eligible applicant receiving funds under this program.

River Edge Redevelopment Zone or Zone – An area of the State certified by the Department as a River Edge Redevelopment Zone, pursuant to the River Edge Redevelopment Act.

Rule − Each agency statement of general applicability that implements, applies, interprets, or prescribes law or policy, but does not include statements concerning only the internal management of an agency and not affecting rights or procedures available to persons or entities outside the agency; intra-agency memoranda; or the prescription of standardized forms.

ILLINOIS REGISTER 16243 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

Veteran – An Illinois resident who is a veteran as defined in 10 USC 1491(h).

Zone − An area designated by the Department pursuant to the River Edge Redevelopment Act.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART B: APPLICATION FOR CERTIFICATION

Section 524.120 Eligibility Criteria

a) The area is contiguous and either, adjacent to, or surrounding a river [65 ILCS 115/10-4(1)];

b) For purposes of calculating total area, the minimum is one-half square mile and the maximum is 12 square miles, exclusive of lakes and waterways [65 ILCS 115/10-4(2)];

c) The area is entirely within one of either the CitiesCity of Aurora, East St. Louis, Elgin, Peoria, or Rockford and has at least 100 acres of environmentally challenged land within 1,500 yards of the riverfront [65 ILCS 115/10-4(4), 10- 4(5) and 10-5.3(d)]; and

d) The area is not located within the boundaries of an existing Illinois Enterprise Zone.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 524.130 Form of Application

An application shall be submitted on the standard application form provided by the Department. An application shall include:

a) Eligibility Criteria. Information that the necessary eligibility criteria, as specified in Section 524.120, have been met;

b) Characteristics of the Zone. Information on the following physical, economic and social characteristics of the zone:

ILLINOIS REGISTER 16244 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

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1) Master Plan. A specific plan that sets forth the effect of economic growth and expansion;

2) Map of Zone. A map of the Redevelopment Zone that contains a precise description of the area comprising the zone, either in the form of a legal description or by reference to roadways, lakes and waterways, and municipal boundaries, along with geospatial data in the form of an ESRI ARCGIS Shape file;

3) Qualification Issue. An analysis and appropriate supporting documents demonstrating that the proposed area is qualified under Section 10-4 of the Act;

4) Duration of or Term of the River Edge Redevelopment Zone;

c) Local Revitalization Efforts. A statement setting forth the economic development and planning objectives of the zone;

d) Local Incentives and Programs. A statement detailing tax, grant, and other financial incentives or benefits, and any programs to be provided by the municipality to business River Edge Redevelopments or organizations within the zone, other than those provided in the designating ordinance, that are not to be provided throughout the municipality;

e) Transcript of Public Hearings. A transcript of all public hearings;

f) Management Structure of the Zone. A statement describing the functions, program, and services to be performed by the designated zone organizations within the zone.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART F: TAX INCENTIVES

Section 524.510 List of Available Tax Incentives a)Several tax incentives are available to businesses in a River Edge Redevelopment Zone:

ILLINOIS REGISTER 16245 13 DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

NOTICE OF PROPOSED AMENDMENTS

a1) Investment Tax Credit found in the Illinois Income Tax Act [35 ILCS 5/201(e) and (f)];

2) Jobs Tax Credit found in the Illinois Income Tax Act [35 ILCS 5/201(g)];

b3) Environmental Remediation Tax Credit found in the Illinois Income Tax Act [35 ILCS 35/201(h)(1)(n)];

c4) Dividend Income Deduction found in the Illinois Income Tax Act [35 ILCS 5/203(a)(2)(J), (b)(2)(K), (c)(2)(M) and (d)(2)(K)];

d5) Interest Income Deduction found in the Illinois Income Tax Act [35 ILCS 5/203(b)(2)(M)]; and

e6) Building Material Sales Tax Exemption found in the Retailers' Occupation Tax Act [35 ILCS 120/2-54].

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 524.530 Jobs Tax Credit (Repealed)

The Jobs Tax Credit found in the Illinois Income Tax Act [35 ILCS 5/201(g)] allows a taxpayer conducting a trade or business in a River Edge Redevelopment Zone to be given a tax credit against the tax imposed in Sections 201(a) and (b) of the Illinois Income Tax Act in the amount of $500 per eligible employee hired to work in the zone during the taxable year. The specific terms and conditions governing this tax deduction are found in the Illinois Department of Revenue's regulations (86 Ill. Adm. Code 2120).

(Source: Repealed at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16246 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Use of X-Rays in the Healing Arts Including Medical, Dental, Podiatry, and Veterinary Medicine

2) Code Citation: 32 Ill. Adm. Code 360

3) Section Numbers: Proposed Action: 360.20 Amendment 360.30 Amendment 360.75 Amendment 360.120 Amendment 360.130 New Section 360.APPENDIX D Repealed

4) Statutory Authority: Implementing and authorized by Sections 16, 24 and 25 of the Radiation Protection Act of 1990 [420 ILCS 40]

5) A Complete Description of the Subjects and Issues Involved: This proposed rulemaking adds additional requirements in four major areas: quality assurance for digital imaging, computed tomography, radiation therapy misadministration and electronic brachytherapy. As digital imaging technology has become more common, the Agency needs to add requirements for quality assurance for such systems. Imaging with computed tomography is becoming increasingly common and additional requirements are necessary to maintain proper oversight by the Agency. Errors occurring in radiation therapy were not previously reported to the Agency, so new regulations will require facilities to investigate such incidents and report to the Agency. Electronic brachytherapy is a new technology and regulations are required for proper oversight by the Agency. The proposed rulemaking also prohibits the use of limited diagnostic radiographers by providers of portable x-ray services since federal Medicare rules require persons who perform portable x-ray examinations to have completed formal training in x-ray technology.

6) Any published studies or reports, along with the sources of underlying data, that were used when composing this rulemaking, in accordance with 1 Ill. Adm. Code 100.355: No studies or reports were used in drafting this amendment to 32 Ill. Adm. Code 360.

7) Will this rulemaking replace an emergency rulemaking currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

ILLINOIS REGISTER 16247 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other proposed rulemakings pending on this Part? No

11) Statement of Statewide Policy Objective: The requirements imposed by the proposed rulemaking are not expected to require local governments to establish, expand, or modify their activities in such a way as to necessitate additional expenditures from local revenues.

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Comments on this proposed rulemaking may be submitted in writing for a period of 45 days following publication of this notice. The Agency will consider fully all written comments on this proposed rulemaking submitted during the 45 day comment period. Comments should be submitted to:

Traci Burton Paralegal Assistant Illinois Emergency Management Agency 1035 Outer Park Drive Springfield, Illinois 62704

217/524-0770 (voice) 217/782-6133 (TDD)

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities or not for profit corporations affected: The Agency believes this rulemaking will have an undetermined effect on some small businesses or not-for-profit corporations due to increased requirements and recordkeeping. Small municipalities will not be affected.

B) Reporting, bookkeeping or other procedures required for compliance: Registrants performing computed tomography, radiation therapy and electronic brachytherapy will be required to keep additional records for required quality assurance procedures. Radiation therapy providers will be required to report to the Agency regarding medical events involving misapplication of radiation therapy treatments.

C) Types of professional skills necessary for compliance: None

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14) Regulatory Agenda on which this rulemaking was summarized: July 2013

The full text of the Proposed Amendments begin on the next page:

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TITLE 32: ENERGY CHAPTER II: ILLINOIS EMERGENCY MANAGEMENT AGENCY SUBCHAPTER b: RADIATION PROTECTION

PART 360 USE OF X-RAYS IN THE HEALING ARTS INCLUDING MEDICAL, DENTAL, PODIATRY, AND VETERINARY MEDICINE

Section 360.10 Scope 360.20 Definitions 360.30 General Requirements and Administrative Controls 360.40 General Equipment and Operation Requirements for Diagnostic X-Ray Systems 360.41 Additional Requirements for Use of Diagnostic X-Ray Systems in the Healing Arts of Medicine, Podiatry and Chiropractic 360.50 Fluoroscopic Systems 360.60 Radiographic Systems Other Than Fluoroscopic, Dental, Veterinary or Computed Tomography Systems 360.70 Mobile/Portable Radiographic Systems Other Than Systems Used Solely for Mammography (Repealed) 360.71 Additional Requirements for Facilities Performing Mammography (Repealed) 360.75 Computed Tomography (CT) Systems 360.80 Photofluorographic Systems (Repealed) 360.90 Dental Radiographic Systems 360.100 Veterinary Radiographic Systems 360.110 Therapy Systems Operating Below 1 MeV 360.120 Therapy Systems Operating at 1 MeV or Greater 360.130 Electronic Brachytherapy 360.APPENDIX A Medical Radiographic Entrance Exposure Measurement Protocol 360.APPENDIX B Mammography Dose Measurement Protocol (Repealed) 360.APPENDIX C Mammography Phantom Image Evaluation (Repealed) 360.APPENDIX D Computed Tomography Dose Measurement Protocol (Repealed) 360.APPENDIX E Minimum Quality Control Program for Medical Accelerators 360.ILLUSTRATION A Thimble and Pancake Chamber-Radiation Measuring Devices (Repealed) 360.ILLUSTRATION B Mammography Dose Evaluation Graph (Repealed) 360.TABLE A Mammography Dose Evaluation Table (Repealed) 360.TABLE B Half-Value Layer as a Function of Tube Potential 360.TABLE C Entrance Exposure Limits Per Intraoral Bitewing Film (Repealed)

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AUTHORITY: Implementing and authorized by the Radiation Protection Act of 1990 [420 ILCS 40].

SOURCE: Filed April 20, 1974 by the Department of Public Health; old rules repealed, new rules adopted at 4 Ill. Reg. 25, p. 157, effective July 1, 1980; transferred to the Department of Nuclear Safety by P.A. 81-1516, effective December 3, 1980; codified at 7 Ill. Reg. 16406; amended at 10 Ill. Reg. 13271, effective July 28, 1986; amended at 13 Ill. Reg. 803, effective April 1, 1989; amended at 15 Ill. Reg. 6180, effective April 16, 1991; amended at 17 Ill. Reg. 17972, effective October 15, 1993; amended at 18 Ill. Reg. 11524, effective July 11, 1994; emergency amendment adopted at 19 Ill. Reg. 273, effective December 30, 1994, for a maximum of 150 days; emergency expired May 30, 1995; amended at 19 Ill. Reg. 8284, effective June 12, 1995; amended at 22 Ill. Reg. 5904, effective March 13, 1998; amended at 23 Ill. Reg. 14516, effective January 1, 2000; recodified from the Department of Nuclear Safety to the Illinois Emergency Management Agency at 27 Ill. Reg. 13641; amended at 32 Ill. Reg. 3693, effective February 29, 2008; amended at 38 Ill. Reg. ______, effective ______.

Section 360.20 Definitions

As used in this Part, the following definitions apply:

"Accelerator" (also "particle accelerator") means any therapeutic machine capable of producing a useful beam of x-rays or charged particles with energies of 1 MeV or greater. Accelerators include cyclotrons, betatrons and linear accelerators.

"Accelerator facility" means the location at which one or more particle accelerators are installed and are operated under the same administrative control.

"Agency" means the Illinois Emergency Management Agency.

"Aluminum equivalent" means the thickness of type 1100 aluminum alloy affording the same attenuation, under specified conditions, as the material in question. The nominal chemical composition of type 1100 aluminum alloy is 99.00 percent minimum aluminum, 0.12 percent copper.

"Applicator" means a structure which determines the extent of the treatment field at a given distance from the source of the beam.

"Attenuation block" means a block or stack, having dimensions 20 centimeters by

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20 centimeters by 3.8 centimeters, of aluminum equivalent. Copper may be substituted for aluminum if an appropriate thickness is used for the kVp selected, as indicated below:

kVp Millimeters of Copper Equivalent to 3.8 centimeters of aluminum 99 or less 2.0 100 to 125 2.5 greater than 125 3.0

"Automatic exposure control" means a device thatwhich automatically controls one or more technique factors in order to obtain at a preselected location or locationslocation(s) a required quantity of radiation (see "Phototimer").

"Barrier" (see "Protective barrier").

"Beam" means a flow of electromagnetic or particulate radiation thatwhich passes through the opening in the beam limiting device and thatwhich is used for diagnosis or treatment.

"Beam axis" (see "Central axis of the beam").

"Beam-limiting device" means a device thatwhich provides a means to restrict the dimensions of the x-ray field (see "Collimator", "Diaphragm" and "Shutter").

"Beam monitoring system" means a system of devices that will monitor the useful beam during irradiation and will terminate irradiation when a preselected number of monitor units has been accumulated.

"Beam scattering filter" means a filter placed in an electron beam in order to scatter the beam and provide a more uniform distribution of electrons in the beam.

"Central axis of the beam" means the line passing through the source of the beam and the center of the plane formed by the edge of the first beam-limiting device.

"Charged particle beam" (see "Beam").

"Coefficient of variation" means the ratio of the standard deviation to the mean value of a population of observations.

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"Collimator" means a device or mechanism by which the x-ray beam is restricted in size (see "Beam-limiting device").

"Computed tomography" or "CT" means the production of a tomogram by the acquisition and computer processing of x-ray transmission data.

"Computed tomography dose index" or "CTDI" means the integral of the dose profile along a line perpendicular to the tomographic plane divided by the product of the nominal tomographic section thickness and the number of tomograms produced in a single scan.

"Contact therapy system" means an x-ray system used for therapy thatwhich is designed for very short treatment distances (5 centimeters or less), usually employing peak tube potentials in the range of 20 to 50 kVp.

"Control panel" means that part or parts of the x-ray system upon which are mounted the switches, knobs, pushbuttons and other hardware necessary for setting the technique factors prior to initiating an x-ray exposure.

"CT gantry" means the tube housing assemblies, beam-limiting devices, detectors and the supporting structures and frames thatwhich hold these components.

"Dead-man switch" means a switch constructed so that a circuit-closing contact can be maintained only by continuous pressure on the switch by the operator.

"Diagnostic imaging specialist" means a person who possesses the knowledge, training and experience to apply the principles of radiological physics to diagnostic x-ray applications. The diagnostic imaging specialist shall be approved and registered by the Agency pursuant to 32 Ill. Adm. Code 410.

"Diagnostic source assembly" means an x-ray tube housing assembly, designed for use in diagnostic x-ray applications, with a beam-limiting device attached.

"Diaphragm" means a device or mechanism by which the x-ray beam is restricted in size (see "Beam-limiting device").

"Direct supervision" means an individual is in the physical presence of a licensed practitioner who assists, evaluates and approves of the individual's performance of

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NOTICE OF PROPOSED AMENDMENTS the various tasks involved in the application of ionizing radiation.

"Electronic brachytherapy" means a method of radiation therapy in which an electrically generated source of ionizing radiation is placed in or near the tumor or target tissue to deliver a therapeutic radiation dosage.

"Electronic brachytherapy device" means the system used to produce and deliver therapeutic radiation, including x-ray tube, the control mechanism, the cooling system and the power source.

"Electronic brachytherapy device operator" means a radiation therapist accredited in accordance with 32 Ill. Adm. Code 401 or a physician.

"Electronic brachytherapy source" means the x-ray tube component used in an electronic brachytherapy device.

"Field flattening filter" means a filter used to provide dose uniformity over the area of a useful beam of x-rays at a specified depth.

"Filter" means material placed in the useful beam to absorb, preferentially, radiations based on energy level or to modify the spatial distribution of the beam.

"Gantry" means that part of the system supporting and allowing possible movements of the radiation head.

"General purpose x-ray system" means any radiographic x-ray system thatwhich, by design, is not limited to radiographic examination of specific anatomical regions.

"Gonad shield" means a protective device for the testes or ovaries thatwhich provides a minimum of 0.5 millimeter lead equivalent protection.

"Half-value layer" or "HVL" means the thickness of a specified material that attenuates the beam of radiation to an extent such that the exposure rate is reduced to one-half of its original value. AGENCY NOTE: The contribution of all scattered radiation, other than any that might be present initially in the beam concerned, should be minimized.

"Healing arts screening" means the examination of human beings using x-ray

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NOTICE OF PROPOSED AMENDMENTS machines for the detection or evaluation of potential diseases when thesuch examinations are not specifically ordered by a licensed practitioner of the healing arts legally authorized to prescribe such x-ray examinations for the purpose of diagnosis or treatment. However, healing arts screening does not include mammography on self-referred patients.

"Image intensifier" means a device, installed in a housing, thatwhich converts an x-ray pattern into a corresponding light image, usually by electronic means.

"Image receptor" means any device, such as a fluorescent screen or radiographic film, thatwhich transforms incident x-ray photons either into a visible image or into another form thatwhich can be made into a visible image by further transformations.

"Institutional review board" means a committee that has been formally designated by the registrant to approve, monitor and review biomedical and behavioral research involving humans.

"Interlock" means a device arranged or connected such that the occurrence of an event or condition is required before a second event or condition can occur or continue to occur.

"Isocenter" means a fixed point in space located at the center of the smallest sphere through which the central axis of the useful beam passes at any beam orientation.

"Kilovolts peak" or "kVp" means the crest value, in kilovolts, of the electric potential applied to the x-ray tube between the cathode and anode of a pulsating electric potential generator.

"Lead equivalent" means the thickness of lead affording the same attenuation, under specified conditions, as the material in question.

"Leakage radiation" means all radiation emanating from the diagnostic source assembly except for:

The useful beam; and

The radiation produced when the exposure switch or timer is not activated.

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"Leakage technique factors" means the technique factors used to measure leakage radiation from the diagnostic source assembly. They are defined as follows:

For capacitor energy storage equipment, the maximum-rated peak tube potential and the maximum-rated number of exposures in 1 hour for operation at the maximum-rated peak tube potential with the quantity of charge per exposure being 10 millicoulombs, i.e., 10 milliampere-seconds, or the minimum obtainable from the unit, whichever is larger.

For field emission equipment rated for pulsed operation, the maximum- rated peak tube potential and the maximum-rated number of x-ray pulses in 1 hour for operation at the maximum-rated peak tube potential.

For all other equipment, the maximum-rated peak tube potential and the maximum-rated continuous tube current for the maximum-rated peak tube potential.

"Light field" means that area of the intersection of the light beam from the beam- limiting device and any one of the sets of planes parallel to and including the plane of the image receptor. The edge of the light field is defined as the locus of points at which the illumination is 25 percent of that at the center of the light field.

"Medical event" means an event that meets the criteria in Section 360.120(i)(3).

"Medical radiographer" means a person other than a licensed practitioner, accredited in accordance with the provisions of 32 Ill. Adm. Code 401, or an individual exempt from the provisions of 32 Ill. Adm. Code 401, who performs medical radiation procedures and applies x-radiation, to any part of the human body, for diagnostic purposes while under the supervision of a licensed practitioner.

"Mobile equipment" (see "X-ray equipment").

"Monitor unit" means a unit response from the beam monitoring system from which the absorbed dose can be calculated.

"Moving beam therapy" means radiation therapy in which there is displacement

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of the useful beam relative to the patient. Moving beam therapy includes arc therapy, skip therapy and rotational beam therapy.

"Multiple scan average dose" or "MSAD" means the average dose at the center of a series of scans, specified at the center of the axis of rotation of a computed tomography system.

"Operator" means an individual who applies ionizing radiation for diagnostic or therapeutic purposes.

"Phototimer" means a method for controlling radiation exposures to image receptors by the amount of radiation thatwhich reaches a radiation monitoring devices. The radiation monitoring devices is part of an electronic circuit thatwhich controls the duration of time the tube is activated (see "Automatic exposure control").

"Portable equipment" (see "X-ray equipment").

"Portable x-ray service provider" means a registrant who, under a physician's authorization, provides x-ray procedures with hand-held or mobile radiographic equipment in a patient's place of residence.

"Position indicating device" means a device on intraoral dental x-ray equipment used to indicate the beam position and to establish a definite source-skin distance.

"Prescribed dose" means the total dose and dose per fraction as documented in the written directive. The prescribed dose is an estimation from measured data from a specified therapeutic machine using assumptions that are clinically acceptable for that treatment technique and historically consistent with the clinical calculations previously used for patients treated with the same clinical technique.

"Primary protective barrier" (see "Protective barrier").

"Protective apron" means an apron of radiation absorbing materials, at least 0.25 millimeter lead equivalent, used to reduce exposure from leakage and scatter radiation.

"Protective barrier" means a barrier of radiation absorbing materials used to reduce radiation dose. The types of protective barriers are as follows:

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"Primary protective barrier" means the material, excluding filters, placed in the useful beam to reduce the radiation dose.

"Secondary protective barrier" means a barrier sufficient to attenuate the leakage and scatter radiation to the required degree.

"Protective glove" means a glove made of radiation absorbing materials, at least 0.25 millimeter lead equivalent, used to reduce dose from leakage and scatter radiation.

"Radiation beam" (see "Beam").

"Radiation therapy simulation system" means a radiographic/ fluoroscopic x-ray system used exclusively for localizing the volume to be exposed during radiation therapy and confirming the position and size of the therapeutic irradiation field.

"Radiologist assistant" means a person, other than a licensed practitioner, who, as a medical radiographer with advanced-level training and certification, performs a variety of activities under the supervision of a radiologist certified by the American Board of Radiology or the American Osteopathic Board of Radiology, in the areas of patient care, patient management, clinical imaging and interventional procedures. The radiologist assistant may not interpret images, make diagnoses or prescribe medications or therapies.

"Reference plane" means a plane that is displaced from and parallel to the tomographic plane.

"Scan" means the complete process of collecting x-ray transmission data for the production of a tomogram. Data can be collected simultaneously during a single scan for the production of one or more tomograms.

"Scan increment" means the amount of relative displacement of the patient support device with respect to the CT x-ray system between successive scans measured along the direction of such displacement.

"Scatter radiation" means radiation that, during passage through matter, has been deviated in direction.

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"Secondary protective barrier" (see "Protective barrier").

"Shadow tray" means a device attached to the radiation head to support auxiliary beam-limiting material.

"Shutter" means an adjustable beam-limiting or attenuating device, usually made of lead, fixed to an x-ray tube housing to intercept or collimate the useful beam (see "Beam-limiting device").

"SID" means source-image receptor distance (see "Source-image receptor distance").

"Source" means the focal spot of the x-ray tube.

"Source-image receptor distance" means the distance from the source to the center of the input surface of the image receptor.

"Source to skin distance" or "SSD" means the distance measured along the central ray from the center of the front surface of the x-ray focal spot to the surface of the irradiated object.

"Special purpose x-ray system" means any radiographic x-ray system thatwhich, by design, is limited to radiographic examination of a specific anatomical region, or to the extremities collectively.

"Spot film" means a radiograph thatwhich is made during a fluoroscopic examination to permanently record conditions thatwhich exist during that fluoroscopic procedure.

"Stationary beam therapy" means radiation therapy in which there is no displacement of the useful beam relative to the patient during irradiation.

"Stationary equipment" (see "X-ray equipment").

"Supervision" means responsibility for and control of quality, radiation safety and protection, and technical aspects of the application of ionizing radiation to human beings for diagnostic and/or therapeutic purposes.

"Technique factors" means the electrical potential (kilovolts), current

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(milliamperes), exposure time parameters (seconds or pulses) or a combination thereof, selectable at the control panel of an x-ray system (see "Control panel").

"Therapeutic radiological physicist" means an individual who has the knowledge, training and experience to measure ionizing radiation, evaluate safety techniques, advise regarding radiation protection needs and apply the principles of radiological physics to clinical radiation therapy. The therapeutic radiological physicist shall be approved and registered by the Agency pursuant to 32 Ill. Adm. Code 410.

"Tomogram" means the depiction of the x-ray attenuation properties of a section through the body.

"Tomographic plane" means that geometric plane thatwhich is identified as corresponding to the output tomogram.

"Tomographic section" means the volume of an object whose x-ray attenuation properties are imaged in a tomogram.

"Useful beam" (see "Beam").

"X-ray equipment" means an x-ray system, sub-system or component thereof. Types of x-ray equipment are as follows:

"Mobile x-ray equipment" means x-ray equipment mounted on a permanent base with wheels and/or casters for moving while completely assembled. Mobile x-ray equipment includes x-ray equipment permanently mounted in vehicles.

"Portable x-ray equipment" means x-ray equipment designed to be hand- carried.

"Stationary x-ray equipment" means x-ray equipment that is installed in a fixed location.

"X-ray field" means, for diagnostic purposes, that area of the intersection of the useful beam and any one of the set of planes parallel to and including the plane of the image receptor. The edge of the x-ray field is defined as the locus of points at which the exposure is 25 percent of that at the center of the x-ray field.

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"X-ray system" means an assemblage of components for the controlled production of x-rays. It includes minimally an x-ray high-voltage generator, an x-ray control panel, an x-ray tube housing assembly, a beam-limiting device and the necessary supporting structures. Additional components that function with the system are considered integral parts of the system. X-ray systems include diagnostic systems, therapeutic systems and accelerator systems.

(Source: Amended at 37 Ill. Reg. ______, effective ______)

Section 360.30 General Requirements and Administrative Controls

The requirements in this Section apply to all uses of x-rays in veterinary medicine and to all uses of x-rays in the healing arts including the use of x-rays for both diagnostic and therapeutic purposes. Additional requirements for all diagnostic x-ray systems are in Section 360.40 of this Part and specific equipment application classes are contained in Sections 360.41 through 360.100 of this Part. For therapeutic x-ray systems also see Sections 360.110 and 360.120 of this Part.

a) Registrant. The registrant shall:

1) Direct the operation of the x-ray systems;

2) Register with the Agency, in accordance with the provisions of 32 Ill. Adm. Code 320, all x-ray equipment which is used at the facility and all portable or mobile x-ray equipment used by the registrant;

3) Verify that each individual required to be accredited by 32 Ill. Adm. Code 401 to apply x-rays for either diagnostic or therapeutic purposes is properly accredited with the Agency prior to allowing the individual to apply medical radiation procedures on human beings;

4) Permit operation of the x-ray systems only by individuals who are licensed in accordance with State law (see Section 360.10(a) of this Part), or who are accredited by the Agency pursuant to 32 Ill. Adm. Code 401 or who are exempt from such requirements in accordance with the provisions of 32 Ill. Adm. Code 401.

b) Shielding. Each installation shall be provided with such primary barriers and/or secondary barriers as are necessary to assure compliance with the provisions of 32

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Ill. Adm. Code 340.210, 340.270, 340.280 and 340.310. c) An x-ray system which does not meet the provisions of this Part shall not be operated for diagnostic or therapeutic purposes. d) If an x-ray system is identified as not being in compliance with the provisions of this Part and if that system is accessible for use, it shall be rendered inoperable (i.e., dismantle the x-ray source from the source support assembly) if so ordered by the Director. e) Prohibitions

1) Unauthorized Exposure. Individuals shall not be exposed to the useful beam except for healing arts purposes and only when thesuch exposure has been authorized by a licensed practitioner of the healing arts. A physician assistant or an advanced practice nurse may give authorization as long as he or she is acting under the supervision or direction of a licensed physician. This provision specifically prohibits deliberate exposure for the following purposes:

A) Exposure of individuals for training, demonstration or other non- healing arts purposes.

B) Exposure of individuals for the purpose of "healing arts screening" (see Section 360.20 of this Part).

2) Fluoroscopy shall not be used as a substitute for radiography or in lieu of proper anatomical positioning/centering procedures prior to radiographic studies.

3) Fluoroscopic equipment using phosphorescent screens shall not be used. Image intensification shall be utilized on all fluoroscopic equipment.

4) The use of direct exposure x-ray film (without intensifying screens) for routine diagnostic radiological imaging procedures, other than intraoral dental radiography and therapeutic portal imaging, is prohibited.

AGENCY NOTE: Therapeutic portal imaging is a technique used in radiation therapy to verify correct alignment of therapy beams with the

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patient's anatomy.

5) The use of photofluorographic systems is prohibited.

6) The use of an individual accredited as a limited diagnostic radiographer by the Agency pursuant to 32 Ill. Adm. Code 401 by a portable x-ray service provider is prohibited.

AGENCY NOTE: Photofluorography is frequently called mass miniature radiography. In this technique the image of a fluorescent screen is recorded on film by means of a camera. f) Individual Monitoring and Reporting Requirements. All persons who are associated with the operation of an x-ray system are subject to the radiation dose standards, requirements for the determination of the doses, requirements for individual monitoring and requirements for reporting of radiation doses thatwhich are contained in 32 Ill. Adm. Code 340.

g) The registrant shall comply with the requirements of the Agency's rules entitled, Notices, Instructions and Reports to Workers; Inspections, (32 Ill. Adm. Code 400).

h) Records and Associated Information. The registrant shall maintain at the facility, for a period of at least one inspection cycle (see 32 Ill. Adm. Code 320.10(c)), records showing the receipt, transfer, storage and disposal of all sources of radiation in accordance with the provisions of 32 Ill. Adm. Code 310 and 320.

i) Staff Qualifications. The registrant shall maintain at the facility, for review by the Agency, current certificates of accreditation (clear, legible copies are acceptable), issued by the Agency in accordance with the provisions of 32 Ill. Adm. Code 401, for all individuals who are required to be so accredited.

j) Radiation Safety Procedures. The registrant shall provide to each individual who operates x-ray equipment at the facility written operating and safety procedures. These procedures shall include restrictions required for the safe operation of each radiation machine and shall include the topics listed in the radiation safety program of subsection (k) of this Section.

k) Radiation Safety Program. The registrant shall provide for initial and annual in-

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service training in radiation safety for individuals (excluding licensed practitioners) that apply ionizing radiation at the facility, to ensure their awareness of the registrant's radiation safety practices and policies. The in-service training shall include the following topics:

1) Operating and emergency procedures for the radiation machines;

2) Use of personnel and patient protective devices;

3) Procedures to minimize patient and occupational doses, including procedures for selecting personnel to support patients or film, as required by Section 360.40 of this Part;

4) Use of individual monitoring devices (if such devices are used at the facility);

5) Film processing procedures; and

6) Prohibited uses of x-ray machines, as described in subsection (e) of this Section.

l) Operator Training. Individuals who operate radiation machines shall be instructed in and able to demonstrate competence with the registrant's operating and safety procedures.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 360.75 Computed Tomography (CT) Systems

a) Requirements for Equipment

1) Termination of Exposure

A) In the event of equipment failure affecting data collection, means shall be provided to terminate the x-ray exposure automatically, either by de-energizing the x-ray source or by shuttering the x-ray beam, through the use of either a back-up timer or devices thatwhich monitor equipment function.

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B) A visible signal shall indicate when the x-ray exposure has been terminated through the means required by subsection (a)(1)(A) of this Section.

C) The operator shall be able to terminate the x-ray exposure at any time during a scan, or series of scans, of greater than 0.5 second duration.

2) Tomographic Plane Indication and Alignment

A) Means shall be provided to permit visual determination of the location of a reference plane. This reference plane can be offset from the location of the tomographic planes.

B) If a device using a light source is used to satisfy subsection (a)(2)(A) of this Section, the light source shall provide illumination levels sufficient to permit visual determination of the location of the tomographic plane or reference plane under ambient light conditions of up to 500 lux (45 footcandles).

C) The total error in the indicated location of the tomographic plane or reference plane shall not exceed 5 millimeters.

D) The deviation of indicated scan increment versus actual increment shall not exceed plus or minus 1 millimeter with a typical patient mass resting on the patient support device. The patient support device shall be moved incrementally from a typical starting position to the maximum incremental distance or 30 centimeters, whichever is less, and then returned to the starting position. If the CT system has the capability of variable gantry angles, the compliance measurements shall be performed with the CT gantry positioned at zero degrees.

3) Beam-On and Shutter Status Indicators. The CT x-ray control panel and gantry shall provide visual indication whenever x-rays are produced and, if applicable, whether the shutter is open or closed.

4) Technique Indicators. The CT x-ray control panel shall provide visual indication of the technique factors, tomographic section thickness and scan

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increment prior to the initiation of a scan or a series of scans. b) Facility Design Requirements

1) The control panel shall be located behind a protective barrier.

2) Communication. Provision shall be made for two-way aural communication between the patient and the operator at the control panel.

3) Viewing Systems. Windows, mirrors, closed-circuit television or an equivalent system shall be provided to permit continuous observation of the patient during irradiation and shall be located so that the operator can observe the patient from the control panel. c) Radiation dose measurements shall be performed by a diagnostic imaging specialist on each CT x-ray system. TheSuch measurements shall be specified in terms of the multiple scan average dose (MSAD) or computed tomography dose index (CTDI), for the head and abdomen, using a head or abdomen phantom, respectively, and the facility's technique factors most frequently used for a CT examination of the head or abdomen, respectively, and shall be performed:

1) At least annually by a diagnostic imaging specialist and after any change or replacement of components that could cause a change in the radiation output;

2) With a dosimetry system that has been calibrated within the preceding 12 months. The calibration of such system shall have no more than a three- step (tertiary) calibration, traceable to the National Institute of Standards and Technology; and

3) Using the computed tomography dose measurement protocol found in Report 111 of the American Association of Physicists in Medicine (AAPM), entitled "Comprehensive Methodology for the Evaluation of Radiation Dose in X-Ray Computed Tomography" published by AAPM, February 2010, exclusive of subsequent amendments or editions. A copy of this report is available for public inspection at the Illinois Emergency Management Agency, 1035 Outer Park Drive, Springfield, Illinois or may also be obtained directly from the AAPM, One Physics Ellipse, College Park MD 20740-3846.Section 360.Appendix D of this Part.

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AGENCY NOTE: The Agency recognizes that other phantoms and protocols are available to provide accurate dose measurements as specified in this Section. The Agency will consider use of such phantoms and protocols as satisfying this Section if the intent of the regulation is met. d) Diagnostic Imaging Specialists who perform radiation dose measurements and develop quality assurance procedures for CT systems shall have CT training as follows:

1) Individuals certified in diagnostic radiological physics or radiological physics by either the American Board of Radiology or the American Board of Medical Physics shall have 20 contact hours or documented specialized training in conducting surveys of CT equipment;

2) Individuals not certified as specified in subsection (d)(1) shall have 40 contact hours of documented specialized training in conducting surveys of CT equipment.

e) Documentation of the training required by subsection (d) shall be available for review at the facility within six months after the effective date of this amendatory rulemaking.

fd) Quality assurance procedures shall be conducted on each CT system and shall meet the following requirements:

1) The quality assurance procedures shall be in writing and shall have been developed by a diagnostic imaging specialist. The procedures shall include, but need not be limited to, the following:

A) Specifications of the tests that are to be performed, including instructions to be employed in the performance of those tests; and

B) Specifications of the frequency at which tests are to be performed, the acceptable tolerance for each parameter measured and actions to be taken if tolerances are exceeded.

2) Quality assurance procedures shall include acquisition of images using a CT phantom thatwhich has the capability of providing an indication of the

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resolution capability of the system. Quality assurance procedures shall include, at a minimum:

A) Image quality evaluation, including CT number uniformity, noise, and low and high contrast resolution;

B) Quantitative accuracy, including CT number calibration and constancy;

C) Image display evaluation, including visual and hard copy output.

AGENCY NOTE: The CT phantom used for quality assurance procedures should have the capability of providing an indication of contrast scale, noise, nominal tomographic section thickness, resolution capability of the system for low and high contrast objects and relative densities (CT numbers) for water or other reference material.

ge) Operating Procedures. Information shall be available at the control panel regarding the operation of the system. The information shall include written quality assurance procedures, as required in subsection (fd)(1) of this Section.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 360.120 Therapy Systems Operating at 1 MeV or Greater

In addition to the provisions of Sections 360.10 through 360.30 of this Part, the requirements of this Section apply to particle accelerator systems operating at energies of 1 MeV or greater. Accelerator systems capable of producing radioactive materials in excess of the exempt quantities specified in 32 Ill. Adm. Code 330.Appendix B shall also be licensed pursuant to the provisions of 32 Ill. Adm. Code 330.

a) Facility Design

1) The registrant shall consult a therapeutic radiological physicist in the design of a particle accelerator installation.

2) Shielding Requirements

A) Each accelerator installation shall be provided with such primary

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and secondary barriers as are necessary to assure compliance with 32 Ill. Adm. Code 340.

B) Facility design information for all accelerators installed after October 15, 1993 shall be submitted to the Agency for review prior to installation. Information submitted to the Agency shall include, but need not be limited to, the following:

i) Name and address of the planned installation;

ii) Name, address and telephone number of the therapeutic radiological physicist who was consulted in the design of the installation;

iii) A scale drawing that includes the location of the accelerator, control panel and doors to the room;

iv) The structural composition and thickness of all walls, doors, partitions, floor and ceiling of the installation;

v) The occupancy of areas adjacent to the installation;

vi) Calculations that demonstrate the adequacy of the amount of shielding specified for each primary and secondary protective barrier; and

vii) Projected weekly dose rates in areas adjacent to the installation.

3) Interlock. An interlock shall be installed on each door of the therapy room. The interlock shall be wired into the electrical circuit in such a manner that when the door is opened for any reason, the generation of radiation beams will automatically be terminated and irradiation can be resumed only by manually resetting the controls on the control panel after the door is closed.

4) Warning lights that indicate when the beam is on shall be provided in a readily observable position near the outside of all access doors to the therapy room.

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5) Viewing System. Windows, mirrors, closed-circuit television or an equivalent system shall be provided to permit continuous visual observation of the patient during irradiation and shall be located so that the operator can observe the patient from the control panel.

AGENCY NOTE: When the primary viewing system is electronic, a back-up system should be available for use in the event of failure of the primary system in order to ensure compliance with the requirements of subsection (g)(1)(H) of this Section.

6) The facility design shall permit two-way aural communications between the patient and the operator at the control panel.

7) Signs required by 32 Ill. Adm. Code 340.920 shall be posted in the facility.

8) The control panel shall be outside the therapy room.

9) The facility design shall include emergency off buttons, at locations that allow shutting off the machine from inside the therapy room and at the control panel.

10) The doors to the therapy room shall be designed to allow opening from the inside at all times and shall be capable of being opened manually. b) Equipment Requirements

1) Leakage radiation to the patient area shall be measured for each accelerator. Measurements shall be repeated following maintenance or service performed on the accelerator, as determined by a therapeutic radiological physicist.

A) For operating conditions producing maximum leakage radiation, the absorbed dose due to leakage radiation, excluding neutrons, at any point in a circular plane of 2 meters radius centered on and perpendicular to the central axis of the beam at the isocenter or normal treatment distance and outside the maximum useful beam size shall not exceed 0.1 percent of the maximum absorbed dose of

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the unattenuated useful beam measured at the point of intersection of the central axis of the beam and the plane surface. Radiation measurements shall be averaged over an area up to but not exceeding 100 square centimeters.

B) Records of the most recent radiation leakage measurements and the machine parameters used during the survey shall be maintained at the facility for inspection by the Agency.

2) Beam-Limiting Devices. Adjustable or interchangeable beam-limiting devices shall transmit no more than two percent of the useful beam at the normal treatment distance for the portion of the useful beam that is to be attenuated by the beam-limiting device. The neutron component of the useful beam shall not be subject to this requirement. This requirement does not apply to auxiliary blocks or materials placed in the useful beam to shape the useful beam to the individual patient.

3) Source-Skin Distance (SSD) Indication

A) Means shall be provided to indicate the SSD.

B) The SSD shall be indicated in centimeters and/or inches and the measured SSD shall correspond to the indicated value to within 0.5 percent.

4) Filters

A) Each filter that is removable from the system shall be clearly marked with an identification number. Documentation available at the control panel shall contain a description of the filter. For wedge filters, the wedge angle and maximum design field size shall appear on the wedge or wedge tray.

B) If the machine calibration measurements required by subsection (d) of this Section relate exclusively to operation with an x-ray field flattening filter or electron beam scattering filter in place, such filters shall be removable from the machine only by the use of tools.

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C) Equipment utilizing a system of wedge filters, interchangeable field flattening filters or interchangeable beam scattering filters shall meet the following requirements:

i) The equipment shall have an interlock that prevents irradiation if any filter selection operation carried out in the therapy room is not consistent with the selection of filter, beam type or beam energy at the control panel; and

ii) The equipment shall have an interlock system that prevents irradiation if any selected filter is not in the correct position.

5) Beam Monitoring System. All accelerator systems shall be provided with a beam monitoring system in the radiation head capable of monitoring and terminating irradiation.

A) Each beam monitoring system shall have a display at the treatment control panel which shall register accumulated monitor units.

B) The beam monitoring system shall terminate irradiation when the preselected number of monitor units has been detected by the system.

C) Accelerator systems manufactured after October 15, 1993 shall be equipped with a primary and a secondary beam monitoring system. Each beam monitoring system shall be independently capable of monitoring and terminating irradiation.

D) For units with a secondary beam monitoring system, the primary beam monitoring system shall terminate irradiation when the preselected number of monitor units has been detected. The secondary beam monitoring system shall terminate irradiation if the primary system fails.

E) An interlock device shall prevent irradiation if any beam monitoring system is inoperable.

F) In the event of power failure, the display information required in

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subsection (b)(5)(A) of this Section, shall be retrievable in at least one system for 20 minutes.

6) Beam Symmetry. For equipment equipped with beam bending magnets, the symmetry of the radiation beam in two orthogonal directions shall be monitored before the beam passes through the beam-limiting device. The equipment shall provide means of terminating irradiation automatically if the difference in dose rate between one region and another region exceeds criteria specified by the manufacturer.

7) Control Panel

A) Selection and Display of Monitor Units

i) Irradiation shall not be possible until a selection of a number of monitor units has been made at the control panel.

ii) The selected number of monitor units shall be displayed at the control panel until reset.

iii) After completion of irradiation, it shall be necessary to reset the accumulated beam monitor units before treatment can be restarted.

B) Termination of Irradiation. It shall be possible to terminate irradiation and equipment movements at any time from the operator's position at the control panel.

C) Selection of Radiation Type. Equipment capable of both photon and electron therapy shall meet the following requirements:

i) Irradiation shall not be possible until the radiation type has been selected and displayed at the control panel.

ii) An interlock shall be provided to ensure that the machine will emit only the radiation type that has been selected.

iii) An interlock shall be provided to prevent irradiation with x-

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rays, except to obtain port films, when electron applicators are installed.

iv) An interlock shall be provided to prevent irradiation with electrons if accessories specific for x-ray therapy are installed.

D) Selection of Radiation Energy. Equipment capable of producing radiation beams of different energies shall meet the following requirements:

i) Irradiation shall not be possible until a selection of energy has been made at the control panel.

ii) An interlock shall be provided to ensure that the machine will emit only the nominal energy of radiation that has been selected.

iii) The nominal value of the energy selected shall be displayed at the treatment control panel.

E) Selection of Stationary or Moving Beam Therapy. Equipment capable of both stationary and moving beam therapy shall meet the following requirements:

i) Irradiation shall not be possible unless either stationary therapy or moving beam therapy has been selected at the control panel. The selection of stationary therapy may be performed as a default selection if moving beam therapy is not selected.

ii) An interlock shall be provided to ensure that the machine will operate only in the mode that has been selected.

iii) An interlock shall be provided to terminate irradiation if the gantry fails to move properly during moving beam therapy.

iv) Means shall be provided to prevent movement of the gantry during stationary therapy.

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v) The mode of operation shall be displayed at the control panel.

F) Timers. A timer shall be provided with a display at the treatment control panel, as a back-up device to the beam monitoring system.

i) The timer shall permit presetting and determination of exposure times.

ii) The timer shall be a cumulative timer which activates with the production of radiation and retains its reading after irradiation is interrupted or terminated.

iii) The timer shall terminate irradiation when a preselected time has elapsed if the beam monitoring system has not previously terminated irradiation. If set at zero, the timer shall not permit irradiation.

G) Security. The control panel shall be capable of being locked to prevent unauthorized use. c) Radiation Protection Survey. A radiation protection survey shall be performed by a therapeutic radiological physicist on each accelerator. The registrant shall maintain at the facility a copy of the most recent radiation protection survey report for review by the Agency. Radiation protection surveys shall meet the following additional requirements:

1) For each accelerator installed after October 15, 1993, a radiation protection survey shall be performed by a physicist before the system is first used for irradiation of a patient. The physicist who performs the radiation protection survey shall be a person who did not consult in the design of the accelerator installation (see subsection (a) of this Section) and is not employed by or within any corporation or partnership with the person who consulted in the design of the installation.

2) A radiation protection survey shall be performed by a physicist after any change in the accelerator or facility that might produce a radiation hazard. Such survey shall be performed before the system is used to treat patients.

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3) The survey report shall include, but need not be limited to, the following:

A) A diagram of the facility which details building structures and the position of the control panel, accelerator and associated equipment;

B) A description of the accelerator system including the manufacturer, model number, beam type and beam energy range;

C) A description of the instrumentation used to determine radiation measurements, including the date and source of the most recent calibration for each instrument used;

D) Conditions under which radiation measurements were taken;

E) Survey data including:

i) Projected weekly dose equivalent in areas adjacent to the therapy room; and

ii) A description of workload, use and occupancy factors employed in determining the projected weekly dose equivalent.

4) The registrant shall retain a copy of the radiation protection survey report and a copy of the report shall be provided to the Agency within 30 days after completion of the survey.

5) Any deficiencies detected during the radiation protection survey that would constitute or result in a violation of 32 Ill. Adm. Code 340 shall be corrected prior to using the machine for treatment of patients.

6) The facility shall be operated in compliance with any limitations indicated by the therapeutic radiological physicist as a result of the radiation protection survey. d) Machine Calibration. Calibration measurements shall be performed on each accelerator system by a therapeutic radiological physicist before the therapy system is first used for irradiation of a patient. Subsequent calibrations shall be

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1) Calibration measurements shall include, but need not be limited to, the following determinations:

A) Verification that the equipment is operating in compliance with the design specifications concerning the light localizer, variation in the axes of rotation for the table, gantry and jaw system and the beam flatness and symmetry at the specified depth;

B) The absorbed dose rate at various depths in water for the range of field sizes used, for each beam type and energy;

C) The uniformity of the radiation field and any dependency upon the direction of the beam;

D) Verification that existing depth-dose data and isodose charts applicable to the specific machine continue to be valid or are updated to existing machine conditions; and

E) Verification of transmission factors for all accessories such as wedges, shadow trays and compensators, as applicable.

2) Calibration radiation measurements shall be performed using a dosimetry system that has been calibrated by a calibration laboratory accredited by the American Association of Physicists in Medicine (AAPM), and meets the requirements of either subsection (d)(2)(A) or (B) of this Section:

A) The calibration shall have been performed within the previous 2 years and after any servicing that may have affected calibration of the dosimetry system; or

B) The dosimetry system shall have been calibrated within the previous 4 years and shall have been:

i) Compared at annual intervals following the calibration to a dosimetry system with calibration obtained within the previous 2 years from a calibration laboratory accredited by the AAPM, and the results of the comparison indicate the

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calibration factor has not changed by more than two percent; or

ii) Subjected to a testing protocol that has been established by a therapeutic radiological physicist and that provides for checks of dosimetry constancy and provides for corrective action when results deviate more than two percent from the expected values.

AGENCY NOTE: Redundancy is a basic tenet of radiation dosimetry, therefore the therapeutic radiological physicist should establish a program of inter-comparison and constancy testing of calibrated dosimetry instruments to assure, as much as possible, the accuracy, reliability and reproducibility of the measurements performed with those instruments.

3) Calibration of the radiation output of the accelerator shall be performed in accordance with:

A) The protocol of Task Group 21, Radiation Therapy Committee, American Association of Physicists in Medicine (AAPM), entitled "A Protocol for the Determination of Absorbed Dose from High- Energy Photon and Electron Beams" published in Medical Physics, Volume 10, pages 741-771 (1983), exclusive of subsequent amendments or editions; or

B) The protocol of the Scientific Committee on Radiation Dosimetry of the AAPM, entitled "Protocol for the Dosimetry of X and Gamma Ray Beams with Maximum Energies Between 0.6 and 50 MeV", published in Physics, Medicine, and Biology, Volume 16, pages 379-396 (1971), exclusive of subsequent amendments or editions; or

C) Other machine calibration protocols provided that the registrant has submitted the protocols to the Agency and the protocols cover the same topics as those contained in subsections (d)(3)(A) and (B) of this Section.

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AGENCY NOTE: Copies of the two protocols referenced in subsections (d)(3)(A) and (B) are available for public inspection at the Illinois Emergency Management Agency, 1035 Outer Park Drive, Springfield, Illinois. The protocols may also be obtained directly from the AAPM, One Physics Ellipse, College Park MD 20740-3846.

4) The radiation output of each therapy system shall be independently verified at intervals not to exceed 2 years. Independent verification shall consist of:

A) Verification of the machine output by a therapeutic radiological physicist who is not employed at the facility and does not perform the annual calibration; or

B) Alternate methods of verification of machine output, such as the use of mailed dosimetry devices, that use devices and procedures approved by the AAPM.

5) Machine calibration records shall include identification of the accelerator calibrated, the results of the tests specified in subsection (d)(1) of this Section and shall be signed and dated by the therapeutic radiological physicist who performed the calibration.

6) The registrant shall maintain at the facility, for a period of 5 years, records of machine calibrations, instrument calibrations and independent verifications of machine output for inspection by the Agency. e) Quality Assurance Checks. A quality assurance (QA) check shall be performed by a therapeutic radiological physicist on each therapy system each calendar month. The interval between QA checks shall not exceed 45 days. QA checks shall also be performed after any change which could affect the radiation output, spatial distribution or other characteristics of the therapy beam, as determined by the physicist. Quality assurance checks shall also meet the following requirements:

1) Quality assurance checks shall include determination of:

A) The radiation output for a set of operating conditions specified by a

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therapeutic radiological physicist; and

B) The coincidence of the radiation field and the field indicated by the localizing device.

2) Radiation measurements shall be obtained using a dosimetry system that:

A) Meets the requirements of subsection (d)(2) of this Section; or

B) Has been directly compared by a therapeutic radiological physicist within the previous year with a dosimetry system which meets the requirements of subsection (d)(2) of this Section.

3) The therapeutic radiological physicist shall establish criteria for quality assurance check measurements and shall determine corrective actions to be implemented if the criteria are exceeded.

4) The registrant shall retain a record of quality assurance check measurements for inspection by the Agency for a period of 5 years. The record shall include the date of the quality assurance check, identification of the accelerator, results of the quality assurance check measurements and the signature of the individual who performed the quality assurance check. f) Quality Control. A comprehensive quality control program shall be implemented as specified by a therapeutic radiological physicist and shall meet the following requirements:

1) The program shall be designed to test the operation and performance of the accelerator in order to maintain radiation safety and clinical reliability. The program shall include as a minimum the items listed in Section 360.Appendix E of this Part.

2) The physicist shall specify the tolerance and frequency of performance for each item of the quality control program.

3) The physicist shall specify what actions are to be taken for any item exceeding the specified tolerance.

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4) The physicist shall review, sign and date the results of the quality control program each calendar month.

AGENCY NOTE: The elements of a comprehensive quality control program are described in Report No. 13 published by the AAPM, entitled "Physical Aspects of Quality Assurance in Radiation Therapy" (1984). A copy of this report is available for public inspection at the Illinois Emergency Management Agency, 1035 Outer Park Drive, Springfield, Illinois. Report No. 13 may also be obtained directly from the AAPM, One Physics Ellipse, College Park MD 20740-3846. g) Operating Procedures. The registrant shall have a therapeutic radiological physicist establish written operating and emergency procedures and shall ensure that the procedures are implemented before the accelerator is used for treatment of patients. Operators of accelerators shall receive training in the application of the procedures before using the accelerator to irradiate patients. A copy of the current operating and emergency procedures shall be maintained at the treatment control panel for use and review.

1) Operating procedures to be implemented shall include instructions that:

A) The accelerator is used in such a manner that patients, workers and the general public are protected from radiation hazards and the provisions of 32 Ill. Adm. Code 340 are met;

B) No accelerator shall be left unattended unless it is secured against unauthorized use;

C) The safety interlock system shall not be used to turn off the beam except in an emergency;

D) The safety interlocks and warning systems required in subsections (a)(3), (a)(4) and (a)(9) of this Section shall be tested for proper operation at monthly intervals;

E) Mechanical supporting or restraining devices shall be used when a patient must be held in position for radiation therapy;

F) No individual other than the patient shall be in the therapy room during irradiation;

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G) Start-up procedures for the accelerator, specified by the therapeutic radiological physicist, shall be performed daily prior to treatment of patients; and

H) The accelerator shall not be used for treatment of patients unless the operator can maintain visual observation of the patient and audible communication with the patient.

2) Emergency procedures shall include instructions for alternate methods for termination of irradiation and machine movements.

AGENCY NOTE: The operating and emergency procedures should contain as a minimum the machine manufacturer's operations manual for the accelerator.

3) Operating and emergency procedures shall include instructions for contacting the therapeutic radiological physicist when operational problems or emergencies occur and the actions that are to be taken until the physicist can be contacted. h) Machine Maintenance. The therapeutic radiological physicist shall establish accelerator maintenance procedures that meet the following requirements:

1) Whenever service or maintenance is performed on the accelerator, a therapeutic radiological physicist shall be notified of such service or maintenance.

2) Following completion of service or maintenance involving radiation beam generation, beam steering or monitoring of the beam, but before the accelerator is again used for treatment of patients, the therapeutic radiological physicist shall review the service or maintenance report and shall determine whether a calibration or quality assurance check is necessary to verify the characteristics of the beams. If the therapeutic radiological physicist determines that a calibration or quality assurance check is necessary, the calibration or quality assurance check shall be performed before the accelerator is again used for treatment of patients.

3) The therapeutic radiological physicist shall establish the frequency of

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routine maintenance and ensure that records of all service and maintenance performed on the machine are maintained at the facility.

4) The therapeutic radiological physicist shall sign and date records of all service and maintenance performed on the machine.

5) The therapeutic radiological physicist shall specify the qualifications of maintenance personnel and prohibit non-qualified personnel from repairing the machine or adjusting parameters on the machine.

6) Circuit diagrams of the accelerator and interlock systems shall be maintained at the facility and kept current. i) Quality Management Program. Each registrant shall develop, implement, and maintain a quality management program to provide high confidence that radiation will be administered as directed by the physician. The quality management program shall address, as a minimum, the following specific objectives:

1) Written Directives. A written directive must be dated and signed by a physician prior to the administration of radiation.

A) A written directive must contain the patient or human research subject's name, the type and energy of the beam, the total dose, dose per fraction, treatment site, and number of fractions.

B) A written revision to an existing written directive may be made provided that the revision is dated and signed by a physician prior to the administration of the external beam dose, or the next fractional dose.

C) An oral revision to an existing written directive is acceptable provided that:

i) a delay in providing a written revision would jeopardize the patient's health; and

ii) the oral revision is documented as soon as possible in writing in the patient's record; and

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iii) a revised written directive is signed by a physician within 48 hours after the oral revision.

D) The registrant shall retain a copy of each written directive for 3 years.

2) Procedures for Administrations. The registrant shall develop, implement, and maintain written procedures to provide high confidence that:

A) Prior to the administration of each course of radiation treatments, the patient's or human research subject's identity is verified by more than one method as the individual named in the written directive;

B) Each administration is in accordance with the written directive;

C) External beam radiation therapy final plans of treatment and related calculations are in accordance with the respective written directives;

D) Any unintended deviation from the written directive is identified and evaluated, and appropriate action is taken; and

E) The registrant retains a copy of the procedures for administrations for three years.

3) Reports and Notifications of Medical Events

A) A registrant shall report any event in which the administration of therapeutic radiation machine radiation results, or will result, in unintended permanent functional damage to an organ or a physiological system, as determined by a physician.

B) Other than events that result from intervention by a patient or human research subject, a registrant shall report any event in which:

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i) The administration of a therapeutic radiation machine therapy dose involves the wrong patient, wrong treatment modality, or wrong treatment site; or

ii) The calculated weekly administered dose differs from the weekly prescribed dose by more than 30%; or

iii) The calculated total administered dose differs from the total prescribed dose by more than 20% of the total prescribed dose.

C) The registrant shall notify the Agency by telephone no later than the next calendar day after the discovery of a medical event.

D) The registrant shall submit a written report to the Agency within 15 days after the discovery of a medical event. The written report must include:

i) The registrant's name;

ii) The name of the prescribing physician;

iii) A brief description of the event;

iv) Why the event occurred;

v) The effect, if any, on the individuals who received the administration;

vi) Actions, if any, that have been taken, or are planned, to prevent recurrence;

vii) Certification that the registrant notified the individual (or the individual's responsible relative or guardian) and if not, why not.

E) The report shall not contain the individual's name or any other information that could lead to the identification of the individual.

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F) The registrant shall provide notification of the event to the referring physician and shall notify the individual who is the subject of the medical event no later than 24 hours after its discovery, unless the referring physician personally informs the registrant either that he or she will inform the individual or that, based on medical judgment, telling the individual would be harmful. The registrant is not required to notify the individual without first consulting the referring physician. If the referring physician or the affected individual cannot be reached within 24 hours, the registrant shall notify the individual as soon as possible thereafter. The registrant may not delay any appropriate medical care for the individual, including any necessary remedial care required as a result of the medical event, because of any delay in notification. To meet the requirements of this subsection (i)(3)(F), the notification of the individual who is the subject of the medical event may be made instead to that individual's responsible relative or guardian. If a verbal notification is made, the registrant shall inform the individual, or appropriate responsible relative or guardian, that a written description of the event can be obtained from the registrant upon request. The registrant shall provide the written description if requested.

G) Aside from the notification requirement, nothing in this Section affects any rights or duties of registrants and physicians in relation to each other, to an individual affected by the medical event, or to that individual's responsible relatives or guardians.

H) The registrant shall retain a record of a medical event in accordance with subsection (i)(4). A copy of the record required shall be provided to the referring physician, if other than the registrant, within 15 days after discovery of the medical event.

I) The registrant shall annotate a copy of the report provided to the Agency with:

i) The name of the individual who is the subject of the event;

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ii) The social security number or other identification number, if one has been assigned, of the individual who is the subject of the event; and

iii) A copy of the annotated report to the referring physician, if other than the licensee, no later than 15 days after the discovery of the event.

4) Records of Medical Events. A registrant shall retain a record of medical events for 3 years. The record must contain the following:

A) The registrant's name and the names of the individuals involved;

B) The social security number or other identification number, if one has been assigned, of the individual who is the subject of the medical event;

C) A brief description of the event; why it occurred; and the effect, if any, on the individual;

D) The actions, if any, taken or planned to prevent recurrence; and

E) Whether the registrant notified the individual (or the individual's responsible relative or guardian) and, if not, whether failure to notify was based on guidance from the referring physician.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 360.130 Electronic Brachytherapy

a) Applicability. Electronic brachytherapy devices shall be subject to the requirements of this Section and shall be exempt from the requirements of Section 360.110, unless otherwise noted in this Section.

1) An electronic brachytherapy device that does not meet the requirements of this Section shall not be used for irradiation of patients; and

2) An electronic brachytherapy device shall only be utilized for human use applications specifically approved by the U.S. Food and Drug

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Administration (FDA) unless participating in a research study approved by the registrant's Institutional Review Board. b) Possession of Survey Instruments. Each registrant using an electronic brachytherapy device in accordance with this Section shall possess appropriately calibrated portable monitoring equipment. At a minimum, the monitoring equipment shall include a portable radiation measurement survey instrument capable of measuring dose rates over the range 10 µSv (1 mrem) per hour to 10 mSv (1000 mrem) per hour. The survey instruments shall be operable and calibrated within the prior 12 months for the applicable electronic brachytherapy source energy. c) Facility Design Requirements for Electronic Brachytherapy Devices. Each electronic brachytherapy installation shall be provided with such primary and secondary barriers as are necessary to assure compliance with 32 Ill. Adm. Code 340.

1) If applicable, provision shall be made to prevent simultaneous operation of more than one therapeutic radiation machine in a treatment room.

2) Access to the treatment room shall be controlled by a door at each entrance.

3) Each treatment room shall have provisions to permit continuous aural communication and visual observation of the patient from the treatment control panel during irradiation. The electronic brachytherapy device shall not be used for patient irradiation unless the patient can be observed. d) Control Panel Functions. The control panel, in addition to the displays required by other provisions in this Section, shall:

1) Provide an indication of whether electrical power is available at the control panel and if activation of the electronic brachytherapy source is possible;

2) Provide an indication of whether x-rays are being produced;

3) Provide a means for indicating electronic brachytherapy source potential and current;

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4) Provide a means for terminating an exposure at any time; and

5) Include an access control (locking) device that will prevent unauthorized use of the electronic brachytherapy device. e) Timer. A suitable irradiation control device (timer) shall be provided to terminate the irradiation after a pre-set time interval or integrated charge on a dosimeter- based monitor. The timer shall operate according to the manufacturer's design specifications. f) Therapeutic Radiological Physicist Support. The services of a therapeutic radiological physicist shall be required in facilities having electronic brachytherapy devices. The therapeutic radiological physicist shall be responsible for:

1) Evaluation of the output from the electronic brachytherapy source;

2) Generation of the necessary dosimetric information;

3) Supervision and review of treatment calculations prior to initial treatment of any treatment site;

4) Establishing the periodic and day-of-use quality assurance checks and reviewing the data from those checks as required in subsection (j);

5) Consultation with the physician in treatment planning, as needed;

6) Performing calculations/assessments regarding patient treatments that may constitute a misadministration;

7) Determination of the need for shielding or safe distances for individuals in the room during electronic brachytherapy treatments, in accordance with the radiation dose limits of 32 Ill. Adm. Code 340;

8) Implementation of the use of shielding or safe distances as determined in subsection (f)(7). g) Operating Procedures

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1) Only individuals approved by the physician or therapeutic radiological physicist shall be present in the treatment room during treatment.

2) Electronic brachytherapy devices shall not be made available for medical use unless the requirements of this Section have been met.

3) The electronic brachytherapy device shall be inoperable, either by hardware or password, when unattended by qualified staff or service personnel.

4) During operation, the therapeutic radiologic physicist shall ensure that all persons in the treatment room, and all persons entering the treatment room, are prevented from exceeding the radiation dose limits of 32 Ill. Adm. Code 340.

5) If a patient must be held in position during treatment, mechanical supporting or restraining devices shall be used.

6) Written procedures shall be developed, implemented and maintained for responding to an abnormal situation. These procedures shall include:

A) Instructions for responding to equipment failures and the names of the individuals responsible for implementing corrective actions; and

B) The names and telephone numbers of the physician and the therapeutic radiological physicist to be contacted if the device or console operates abnormally.

7) A copy of the current operating and emergency procedures shall be physically located at the electronic brachytherapy device control console.

8) Instructions shall be posted at the electronic brachytherapy device control console to inform the electronic brachytherapy device operator of the names and telephone numbers of the physician and the therapeutic radiological physicist to be contacted if the device or console operates abnormally.

ILLINOIS REGISTER 16290 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS h) Safety Precautions for Electronic Brachytherapy Devices

1) A therapeutic radiological physicist shall determine which persons in the treatment room require radiation monitoring when the beam is energized.

2) A physician and a therapeutic radiological physicist shall be physically present during the initiation of all patient treatments involving the electronic brachytherapy device.

3) A therapeutic radiological physicist and either a physician or an electronic brachytherapy device operator, under the supervision of a physician, who has been trained in the operation of, and emergency response for, the electronic brachytherapy device, shall be physically present during continuation of all patient treatments involving the electronic brachytherapy device.

4) A therapeutic radiological physicist shall designate shield locations or safe distances sufficient to meet the requirements of 32 Ill. Adm. Code 340 for any individual, other than the patient, in the treatment room.

5) All personnel in the treatment room are required to remain behind shielding or at a safe distance specified by the therapeutic radiological physicist during treatment. A therapeutic radiological physicist shall approve any deviation from this requirement and shall designate alternative radiation safety protocols, compatible with patient safety, to provide an equivalent degree of protection.

i) Electronic Brachytherapy Source Calibration Measurements

1) Calibration of the electronic brachytherapy source output for an electronic brachytherapy device shall be performed by, or under the direct supervision of, a therapeutic radiological physicist.

2) Calibration of the electronic brachytherapy source output shall be made for each electronic brachytherapy source, or after any repair affecting the x-ray beam generation, or when indicated by the electronic brachytherapy source quality assurance checks.

ILLINOIS REGISTER 16291 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

3) Calibration of the electronic brachytherapy source output shall utilize a dosimetry system that meets the requirements of Section 360.110(d)(4).

4) Calibration of the electronic brachytherapy source output shall include, as applicable, determination of:

A) The output within 2% of the expected value, if applicable, or determination of the output if there is no expected value;

B) Timer accuracy and linearity over the typical range of use;

C) Proper operation of back-up exposure control devices;

D) Evaluation that the relative dose distribution about the source is within 5% of that expected; and

E) Source positioning accuracy to within one millimeter within the applicator.

5) Calibration of the x-ray source output shall be in accordance with the manufacturer's calibration protocol.

6) The registrant shall maintain a record of each calibration in an auditable form for 5 years. The record shall include: the date of the calibration; the manufacturer's name, model number and serial number for the electronic brachytherapy device and a unique identifier for its electronic brachytherapy source; the model numbers and serial numbers of the instruments used to calibrate the electronic brachytherapy device; and the name and signature of the therapeutic radiological physicist responsible for performing the calibration. j) Periodic and Day-of-Use Quality Assurance Checks for Electronic Brachytherapy Devices

1) Quality assurance checks shall be performed on each electronic brachytherapy device:

A) At the beginning of each day of use;

ILLINOIS REGISTER 16292 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

B) Each time the device is moved to a new room or site; and

C) After each x-ray tube installation.

2) The registrant shall perform periodic quality assurance checks required by subsection (j)(1) in accordance with procedures established by the therapeutic radiological physicist;

3) Quality assurance checks shall include, at a minimum:

A) Verification that output of the electronic brachytherapy source falls within 3% of expected values, as appropriate for the device, as determined by:

i) Output as a function of time; or

ii) Output as a function of setting on a monitor chamber.

B) Verification of the consistency of the dose distribution to within 3% of that found during calibration required by subsection (i); and

C) Validation of the operation of positioning methods to ensure that the treatment dose exposes the intended location within 1 mm.

4) The registrant shall use a dosimetry system that has been intercompared within the previous 12 months with the dosimetry system described in subsection (i)(3) to make the quality assurance checks required in this subsection (j).

5) The registrant shall review the results of each radiation output quality assurance check according to the following procedures:

A) A physician and therapeutic radiological physicist shall be immediately notified if any parameter is not within its acceptable tolerance. The electronic brachytherapy device shall not be made available for subsequent medical use until the therapeutic radiological physicist has determined that all parameters are within their acceptable tolerances; and

ILLINOIS REGISTER 16293 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

B) The therapeutic radiological physicist shall review and sign the results of each radiation output quality assurance check at intervals not to exceed 30 days.

6) Quality assurance checks shall, at a minimum, assure:

A) Proper operation of radiation exposure indicator lights on the electronic brachytherapy device and on the control console;

B) Proper operation of viewing and intercom systems in each electronic brachytherapy facility, if applicable;

C) Proper operation of radiation monitors, if applicable;

D) The integrity of all cables, catheters or parts of the device that carry high voltages; and

E) Connecting guide tubes, transfer tubes, transfer-tube-applicator interfaces, and treatment spacers are free from any defects that interfere with proper operation.

7) If the results of the safety device quality assurance checks indicate the malfunction of any system, a registrant shall secure the control console in the OFF position and not use the electronic brachytherapy device except as may be necessary to repair, replace or check the malfunctioning system.

8) The registrant shall maintain a record of each quality assurance check in an auditable form for 3 years.

A) The record shall include the date of the quality assurance check; the manufacturer's name, model number and serial number for the electronic brachytherapy device; the name and signature of the individual who performed the periodic quality assurance check; and the name and signature of the therapeutic radiological physicist who reviewed the quality assurance check; and

B) The record shall also include the unique identifier for the electronic brachytherapy source; the manufacturer's name; and the model

ILLINOIS REGISTER 16294 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

number and serial number for the instruments used to measure the radiation output of the electronic brachytherapy device. k) Therapy-Related Computer Systems. The registrant shall perform acceptance testing on the treatment planning system of electronic brachytherapy-related computer systems in accordance with the manufacturer's acceptance testing protocol.

1) Acceptance testing shall be performed by, or under the direct supervision of, a therapeutic radiological physicist. At a minimum, the acceptance testing shall include, as applicable, verification of:

A) The source-specific input parameters required by the dose calculation algorithm;

B) The accuracy of dose, dwell time and treatment time calculations at representative points;

C) The accuracy of isodose plots and graphic displays;

D) The accuracy of the software used to determine radiation source positions from radiographic images; and

E) If the treatment planning system is different from the treatment delivery system, the accuracy of electronic transfer of the treatment delivery parameters to the treatment delivery unit from the treatment planning system.

2) The position indicators in the applicator shall be compared to the actual position of the source or planned dwell positions, as appropriate, at the time of commissioning.

3) Prior to each patient treatment regimen, the parameters for the treatment shall be evaluated and approved by the physician and the therapeutic radiological physicist for correctness through means independent of that used for the determination of the parameters. l) Training

ILLINOIS REGISTER 16295 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

1) A registrant shall provide instruction, initially and at least annually, to all individuals who operate the electronic brachytherapy device, as appropriate to the individual's assigned duties, in the operating procedures identified in subsection (g). If the interval between patients exceeds one year, retraining of the individuals shall be provided.

2) Physicians, therapeutic radiological physicists, and electronic brachytherapy device operators shall receive device specific instruction initially from the manufacturer and annually from either the manufacturer or other qualified trainer. The training shall be of a duration recommended by the manufacturer's training protocol. The training shall include, but not be limited to:

A) Device-specific radiation safety requirements;

B) Device operation;

C) Clinical use for the types of use approved by the FDA;

D) Emergency procedures, including an emergency drill; and

E) The registrant's quality assurance program.

3) A registrant shall retain a record of individuals receiving instruction required by this subsection (l) for 3 years. The record shall include a list of the topics covered, the date of the instruction, the names of the attendees, and the names of the individuals who provided the instruction. m) Mobile Electronic Brachytherapy Service. A registrant providing mobile electronic brachytherapy service shall, as a minimum:

1) Check all radiation survey instruments before medical use at each address of use or on each day of use, whichever is more restrictive.

2) Account for the electronic brachytherapy source in the electronic brachytherapy device before departure from the client's address.

ILLINOIS REGISTER 16296 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

3) Perform, at each location on each day of use, all of the required quality assurance checks specified in subsection (j) to assure proper operation of the device.

(Source: Added at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16297 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

Section 360.APPENDIX D Computed Tomography Dose Measurement Protocol (Repealed)

Radiation measurements shall be performed by a diagnostic imaging specialist with a calibrated radiation measuring device that is designed for computed tomography (CT) dose measurements. The radiation measuring instrument shall have been calibrated within the previous 12 months with devices which have no more than a three-step (tertiary) calibration, traceable to the National Institute of Standards and Technology. Measurements shall be specified in terms of the multiple scan average dose (MSAD) and shall be performed with a head phantom specifically designed for making CT dose measurements.

AGENCY NOTE: There are two terms used to describe CT dosimetry measurements, the computed tomography dose index (CTDI) and the multiple scan average dose (MSAD). Manufacturers of CT systems measure and report CTDI pursuant to the requirements of the Code of Federal Regulations, 21 CFR 1020.33(b)(1). While the CTDI is carefully defined, it is difficult to measure accurately. The MSAD is easily measured and was the CT dose descriptor used by the Center for Devices and Radiological Health (FDA) in the Nationwide Evaluation of X-Ray Trends (NEXT). The CTDI is equivalent to the MSAD for a series of 14 contiguous scans spaced by the nominal tomographic thickness. The MSAD was chosen as the dose descriptor for this Part due to the ease of measurement and the applicability of the data generated for comparisons with the results of the NEXT study.

a) CT dose measurements shall be performed using a head phantom that meets the following requirements:

1) The phantom shall be a right circular cylinder of polymethyl-methacrylate of density 1.19 plus or minus 0.01 grams per cubic centimeter.

2) The phantom shall be at least 14 centimeters in length and shall have a diameter of 16 centimeters.

3) The phantom shall provide means for the placement of a radiation measuring device in the center of the phantom along its axis of rotation.

b) Set up procedure

1) Place the phantom on the patient support device and in the patient head rest, if available. Center the phantom in the CT gantry aperture and position the gantry so that it is perpendicular to the patient support device.

ILLINOIS REGISTER 16298 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

Align the phantom so that the tomographic plane is centered along the axis of the phantom.

2) Make a single scan of the phantom and determine if the center of the phantom is aligned with the axis of rotation of the scanner. If necessary, realign the phantom and repeat this procedure until the center of the phantom is aligned to within plus or minus 0.5 centimeters of the axis of rotation of the CT scanner.

3) Place the radiation measuring device in the center of the phantom. c) Exposure measurement

1) Select and record the technique factors and the tomographic section thickness most frequently used for a CT examination of the head.

AGENCY NOTE: If routine CT examinations of the head are performed at the facility using a different tomographic section thickness for the top or bottom part of the head, the larger tomographic section thickness should be used for measurement of the MSAD.

2) Perform a single CT scan and record the exposure reading from the radiation measuring device. Repeat this procedure, without advancing the table or phantom, three times for a total of four scans and determine the average exposure reading for a single scan. d) Calculation of MSAD

1) The MSAD shall be calculated using the mathematical expression below:

E x f x K x L MSAD = T

where:

E = average exposure reading in coulombs per kilogram or in milliroentgens.

ILLINOIS REGISTER 16299 13 ILLINOIS EMERGENCY MANAGEMENT AGENCY

NOTICE OF PROPOSED AMENDMENTS

f = factor to convert exposure in air to absorbed dose in tissue or other attenuating matter, in grays per coulomb per kilogram or in rad per milliroentgen. For acrylic, at an effective energy of 70 KeV, f is equal to 30.2 Gy per C/kg (0.78 x 10-3 rad/mR). K = calibration factor to account for the radiation measuring device's response and volume. L = effective length of the radiation measuring device in millimeters. T = thickness in millimeters of the tomographic section selected.

AGENCY NOTE: This calculation assumes tomographic sections are contiguous, without overlap of sections or gaps between sections.

EXAMPLE: The measurement is made with an ion chamber with an effective length of 100 millimeters and a calibration factor of 1.99. The thickness of the tomographic section from subsection (c)(1) of this Section is 10 millimeters. The average exposure reading from subsection (c)(2) of this Section is determined to be 306 mR. The MSAD is calculated as follows:

MSAD = (306 X 0.78 X 10(-3) X 1.99 X 100) / 10

MSAD = 4.7 rad

2) If the tomographic sections overlap, the MSAD must be multiplied by a fraction which is the thickness of the tomographic section divided by the scan increment.

EXAMPLE: Calculate the corrected MSAD for scan overlap technique, in a continuation of the above example, assume a scan increment of 5 millimeters.

Corrected MSAD = MSAD X (T / scan increment)

Corrected MSAD = 4.7 X (10 / 5)

Corrected MSAD = 9.4 rad

(Source: Repealed at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16300 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: General Administrative Provisions

2) Code Citation: 89 Ill. Adm. Code 10

3) Section Number: Proposed Action: 10.410 Amendment

4) Statutory Authority: Implementing Articles I through IX and authorized by Sections 12- 13 of the Illinois Public Aid Code [305 ILCS 5/Arts. I through IX and 12-13]

5) A Complete Description of the Subjects and Issues involved: The Patient Protection and Affordable Care Act, Public Law 111-148, 42 UCS 18001, Section 1413, Streamlining of Procedures for Enrollment Through an Exchange and State Medicaid, CHIP and Health Subsidy Programs, requires each state to provide an application form that may be filed online, in person, by mail or by telephone. The requirement is included in 42 CFR 435.907 – Written Application. States will begin accepting applications under the Affordable Care Act on October 1, 2013. The Food and Nutrition Act of 2008 allows for a state option for accepting telephonic signatures. This rulemaking will allow clients to have additional options for applying for the benefits available to them. Clients will now be able to apply by telephone or online, in addition to applying by mail or in person.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None

7) Will this rulemaking replace any emergency rulemaking currently in effect? Yes

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? Yes

10) Are there any other proposed rulemakings pending on this Part? No

11) Statement of Statewide Policy Objectives: This rulemaking does not create or expand a State mandate.

12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may present their comments concerning this rulemaking within 45 days after the date of this issue of the Illinois Register. All requests and comments should be submitted in writing to:

ILLINOIS REGISTER 16301 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PROPOSED AMENDMENT

Tracie Drew, Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue East Harris Building, 3rd Floor Springfield, Illinois 62762

217/785-9772

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not-for-profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

14) Regulatory agenda on which this rulemaking was summarized: January 2013

The full text of the Proposed Amendment is identical to that of the Emergency for this rulemaking and begins in this issue of the Illinois Register on page 16838.

ILLINOIS REGISTER 16302 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: Supplemental Nutrition Assistance Program (SNAP)

2) Code Citation: 89 Ill. Adm. Code 121

3) Section Number: Proposed Action: 121.1 Amend

4) Statutory Authority: Implementing Sections 12-4.4 through 12-4.6 and authorized by Sections 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-4.4 through 12-4.6 and 12-13]

5) A Complete Description of the Subjects and Issues involved: The Patient Protection and Affordable Care Act, Public Law 111-148, 42 UCS 18001, Section 1413, Streamlining of Procedures for Enrollment Through an Exchange and State Medicaid, CHIP and Health Subsidy Programs, requires each state to provide an application form that may be filed online, in person, by mail or by telephone. The requirement is included in 42 CRF 435.907 – Written Application. States will begin accepting applications under the Affordable Care Act on October 1, 2013. The Food and Nutrition Act of 2008 allows for a state option for accepting telephonic signatures. This rulemaking will allow clients to have additional options for applying for the benefits available to them. Clients will now be able to apply by telephone or online, in addition to applying by mail or in person.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None

7) Will this rulemaking replace any emergency rulemaking currently in effect? Yes

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? Yes

10) Are there any other proposed rulemakings pending on this Part? Yes

Section Number: Proposed Action: Illinois Register Citation: 121.57 Amendment 37 Ill. Reg. 15189; September 20, 2013 121.58 Amendment 37 Ill. Reg. 15189; September 20, 2013

ILLINOIS REGISTER 16303 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF PROPOSED AMENDMENT

11) Statement of Statewide Policy Objectives: This rulemaking does not create or expand a State mandate.

12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may present their comments concerning this rulemaking within 45 days after the date of this issue of the Illinois Register. All requests and comments should be submitted in writing to:

Tracie Drew, Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue East Harris Building, 3rd Floor Springfield, Illinois 62762

217/785-9772

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not-for-profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

14) Regulatory agenda on which this rulemaking was summarized: January 2013

The full text of the Proposed Amendment is identical to that of the Emergency for this rulemaking and begins in this issue of the Illinois Register on page 16845.

ILLINOIS REGISTER 16304 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: Physical Fitness Facility Medical Emergency Preparedness Code

2) Code Citation: 77 Ill. Adm. Code 527

3) Section Number: Proposed Action: 527.300 Amend

4) Statutory Authority: Physical Fitness Facility Medical Emergency Preparedness Act [210 ILCS 74]

5) A Complete Description of the Subjects and Issues Involved: The rulemaking includes public or private secondary schools as an outdoor physical fitness facility pursuant to the Physical Fitness Facility Medical Emergency Preparedness Act [210 ILCS 74/5.25(a)(1.5)].

The economic effect of this proposed rulemaking is unknown. Therefore; the Department requests any information that would assist in calculating this effect.

The Department anticipates adoption of this rulemaking approximately six to nine months after publication of the Notice in the Illinois Register.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None

7) Will this rulemaking replace any emergency rulemaking currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other proposed rulemakings pending on this Part? No

11) Statement of Statewide Policy Objectives: This rulemaking does not create or expand a State Mandate.

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking:

ILLINOIS REGISTER 16305 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF PROPOSED AMENDMENT

Interested persons may present their comments concerning this rulemaking within 45 days after this issue of the Illinois Register to:

Susan Meister Division of Legal Services Illinois Department of Public Health 535 W. Jefferson St., 5th floor Springfield, Illinois 62761

217/782-2043 e-mail: [email protected]

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: All public and private secondary schools that meet the definition of an outdoor physical fitness center under the Physical Fitness Facility Medical Emergency Preparedness Act.

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: "Physical Fitness Facilities" are required to have a trained AED user during staffed business hours.

14) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not included on the most recent Regulatory Agenda because the need for the rulemaking was not apparent when the Regulatory Agendas were published.

The full text of the Proposed Amendment begins on the next page:

ILLINOIS REGISTER 16306 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF PROPOSED AMENDMENT

TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER f: EMERGENCY SERVICES AND HIGHWAY SAFETY

PART 527 PHYSICAL FITNESS FACILITY MEDICAL EMERGENCY PREPAREDNESS CODE

Section 527.100 Definitions 527.200 Incorporated and Referenced Materials 527.300 Physical Fitness Facility 527.400 Medical Emergency Plan 527.500 Coordination with Local Emergency Medical Services Systems 527.600 Automated External Defibrillators Required 527.700 Maintenance and Testing of Automated External Defibrillators 527.800 Training 527.900 Complaints and Inspections 527.1000 Violations 527.1100 Hearings

AUTHORITY: Implementing and authorized by the Physical Fitness Facility Medical Emergency Preparedness Act [210 ILCS 74].

SOURCE: Adopted at 29 Ill. Reg. 13855, effective August 23, 2005; amended at 34 Ill. Reg. 11419, effective July 21, 2010; amended at 35 Ill. Reg. 7708, effective April 27, 2011; amended at 37 Ill. Reg. 1247, effective January 18, 2013; amended at 38 Ill. Reg. ______, effective ______.

Section 527.300 Physical Fitness Facility

a) For the purposes of this Part, the term "physical fitness facility" or "facility" includes any indoor establishment that meets all of the following requirements:

1) In whole or in part, is owned or operated by a park district, municipality, or other unit of local government, including a home rule unit, or by a public or private elementary or secondary school, college, university, or technical or trade school.

ILLINOIS REGISTER 16307 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF PROPOSED AMENDMENT

2) Is supervised by one or more persons, other than maintenance or security personnel, employed by the unit of local government, school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any of the facilities listed in subsection (a)(3). (Section 5.25 of the Act)

3) Includes, but is not limited to, the following indoor facilities: a swimming pool; stadium; athletic field; football stadium; soccer field; baseball diamond; track and field facility; tennis court; basketball court; volleyball court; aerobics studio; dance studio; boxing gym; martial-arts or self- defense studio; wrestling gym; weight-lifting facility; treadmill or stationary bicycle facility; velodrome; racquetball court; gymnastics facility; or any other indoor establishment focusing primarily on cardiovascular exertion where participants engage in relatively continuous active physical exercise that uses large muscle groups and that substantially increases the heart rate. (Section 5.25 of the Act) b) For the purposes of this Part, "physical fitness facility" or "facility" includes any of the following outdoor facilities that is:

1) Owned by a municipality, township or other unit of local government, including a home rule unit, or by a public or private elementary school or secondary school, college, university, or technical or trade school; and

2) Is supervised by one or more persons, other than maintenance or security personnel, employed by the unit of local government, school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any of these facilities: a swimming pool; athletic field; football stadium; soccer field; baseball diamond; track and field facility; tennis court; basketball court; volleyball court; golf course; or any other outdoor establishment focusing primarily on cardiovascular exertion where participants engage in relatively continuous active physical exercise that uses large muscle groups and that substantially increases the heart rate. (Section 5.25 of the Act)

c) Except as provided in subsection (d) of this Section, a physical fitness facility also includes any other indoor or outdoor establishment, whether public or private,

ILLINOIS REGISTER 16308 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF PROPOSED AMENDMENT

that provides services or facilities focusing on cardiovascular exertion or gaming. (Section 5.25 of the Act) d) For the purposes of this Part, the term "physical fitness facility" or "facility" does not include:

1) A facility that serves fewer than 100 individual participants over the course of a calendar year. For purposes of the Act and this Part, "individuals" includes only those persons actively engaged in physical exercise that uses large muscle groups and that substantially increases the heart rate. (Section 5.25 of the Act) A facility relying on this subsection (d)(1) shall maintain adequate documentation for every year that the facility relies on this subsection. Such documentation shall be preserved by the facility for not less than three years and be provided to the Department upon request;

2) Any outdoor facility owned or operated by a park district organized under the Park District Code, the Chicago Park District Act, or the Metro-East Park and Recreation District Act;

3) Any facility owned or operated by a forest preserve district organized under the Downstate Forest Preserve District Act or the Cook County Forest Preserve District Act or a conservation district organized under the Conservation District Act;

4) A facility located in a hospital or in a hotel or motel;

5) Any facility that does not employ any persons to provide instruction, training, coaching, refereeing, judging, or assistance for persons using the facility (Section 5.25 of the Act);

6) Yoga studios; driving ranges; bowling lanes; putting greens; batting cages; or other facilities where and when participants do not focus primarily on cardiovascular exertion by engaging in active physical exercise that uses large muscle groups and that substantially increases the heart rate;

7) Any facility during any activity or program organized by a private or not- for-profit organization and organized and supervised by a person or

ILLINOIS REGISTER 16309 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF PROPOSED AMENDMENT

persons other than the employees of the unit of local government, school, college, or university. (Section 5.25 of the Act)

(Source: Amended at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16310 13 ILLINOIS STATE BOARD OF INVESTMENT

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Rules and Regulations of the Board

2) Code Citation: 74 Ill. Adm. Code 800

3) Section Numbers: Proposed Action: 800.120 Amend 800.130 Amend 800.140 Amend 800.510 Amend

4) Statutory Authority: 40 ILCS 5/22A and 5 ILCS 120

5) A Complete Description of the Subjects and Issues Involved: The proposed rulemaking will remove redundant language and update antiquated practices contained in 74 Ill. Adm. Code 800. Further, the rulemaking provides for requirements set forth in the Open Meetings Act [5 ILCS 120], pertaining to the allowance of attendance by means other than physical presence [5 ILCS 120/7], addressing the meetings by members of the public [5 ILCS 120/2.06(g)], and recording the meetings by members of the public [5 ILCS 120/2.05].

6) Any published studies or reports, along with the sources of underlying data, that were used when composing this rulemaking: None

7) Will this rulemaking replace any emergency rulemaking currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other proposed rulemakings pending on this Part? No

11) Statement of Statewide Policy Objective: The requirements imposed by the proposed rulemaking are not expected to require local governments to establish, explain or modify their activities.

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Comments on this proposed rulemaking may be submitted in writing for a period of 45 days following publication of this Notice. The Illinois State Board of

ILLINOIS REGISTER 16311 13 ILLINOIS STATE BOARD OF INVESTMENT

NOTICE OF PROPOSED AMENDMENTS

Investment (the "Board") will consider all written comments on this proposed rulemaking submitted during the 45 day comment period. Comments should be submitted to:

Linsey Schoemehl General Counsel/Chief Compliance Officer Illinois State Board of Investment 180 N. LaSalle Street, Suite 2015 Chicago IL 60601

312/793-1486 (voice) 312/793-2266 (fax)

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities or not for profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None that are not already in place.

C) Types of professional skills necessary for compliance: None that are not already in place.

14) Regulatory Agenda on which this rulemaking was summarized: None. The rulemaking was not anticipated at the time Agendas were published.

The full text of the Proposed Amendments begins on the next page:

ILLINOIS REGISTER 16312 13 ILLINOIS STATE BOARD OF INVESTMENT

NOTICE OF PROPOSED AMENDMENTS

TITLE 74: PUBLIC FINANCE CHAPTER VII: ILLINOIS STATE BOARD OF INVESTMENT

PART 800 RULES AND REGULATIONS OF THE BOARD

SUBPART A: AUTHORITY

Section 800.5 Authority

SUBPART B: BY-LAWS

Section 800.110 Offices of the Board 800.120 Meetings 800.130 Officers and Their Duties 800.140 Committees

SUBPART C: GENERAL POLICIES

Section 800.210 Functions 800.220 Fiduciary Aspects 800.230 Delegation of Authority 800.240 Budget

SUBPART D: ACCOUNTING

Section 800.310 Investment Account 800.320 Fund Credits 800.330 Fund Charges 800.340 Reserve Balances

SUBPART E: REPORTS

Section

ILLINOIS REGISTER 16313 13 ILLINOIS STATE BOARD OF INVESTMENT

NOTICE OF PROPOSED AMENDMENTS

800.410 Fiscal Reporting 800.420 Audits

SUBPART F: AMENDMENTS

Section 800.510 Amendments

AUTHORITY: Implementing and authorized by Section 22A-110 of the Illinois Pension Code [40 ILCS 5/22A-111.1 and Art. 24].

SOURCE: Rules and Regulations of the Board, effective March 25, 1971; amended January 8, 1972; amended October 6, 1972; amended February 14, 1975; amended February 9, 1976; amended February 9, 1977; codified at 5 Ill. Reg. 10701; amended at 31 Ill. Reg. 1986, effective January 9, 2007; amended at 32 Ill. Reg. 360, effective December 26, 2007; amended at 35 Ill. Reg. 13915, effective August 1, 2011; amended at 37 Ill. Reg. 2720, effective February 25, 2013; amended at 38 Ill. Reg. ______, effective ______.

SUBPART B: BY-LAWS

Section 800.120 Meetings

a) Regular meetings. Meetings of the Board shall be held at least once each calendar quarter, on a date and at a time specified by the Chair.

b) Special meetings. Special meetings may be called at any time by the Chair or Vice Chair of the Board or by any three members of the Board. As required by law, written notice shall be given at the time and place of each special meeting at least three days previous to the date of the meeting. The notice need not contain information regarding the subject matter for consideration at the meeting. Any business of whatever nature may be taken up and disposed of at any special meeting. Notice of any special meeting may be waived by the members. The waiver shall be duly recorded in the minutes of the meeting.

c) Place and hour of meetings. Meetings of the Board shall be held at the general office of the Board or at any other place selected by the Chair or agreed upon by the Board, at the hour fixed by the Chair or by the members calling a special meeting.

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d) Annual meeting. The annual meeting of the Board shall be held in the month of September. e) Quorum. A majority of all members of the Board shall constitute a quorum for the transaction of business at any regular or special meeting. f) Meetings open to the public. AllAs required by law, all meetings of the Board and any subsidiary body, including without limitation any committee, shall be subject to and conductedopen to the public except as otherwise provided in accordance with the Open Meetings Act [5 ILCS 120].

g) Attendance by a means other than physical presence

1) If a quorum of the members of the Board or the Executive Committee is physically present, a majority of those physically present may allow a member of the Board to attend the meeting by other means (video or audio conference) if the member is prevented from physically attending because of:

A) personal illness or disability;

B) employment purposes or the business of the Board; or

C) a family or other emergency.

2) If a member wishes to attend a meeting by other means, the member must notify the Board's General Counsel before the meeting unless advance notice is impractical.

3) Except as otherwise provided in this subsection (g)(3), the limitations of this subsection (g) shall not apply to closed meetings of the Board or the Executive Committee or to open or closed meetings of any other subsidiary body, including without limitation any committee other than the Executive Committee, that does not have authority to make binding recommendations or determinations or to take any other substantive action. If the limitations of this subsection (g) do not apply, any or all members of the Board or a subsidiary body may attend a meeting by audio

ILLINOIS REGISTER 16315 13 ILLINOIS STATE BOARD OF INVESTMENT

NOTICE OF PROPOSED AMENDMENTS

or video conference. Neither advance notice nor permission for that means of attendance is required. No minimum number of members need be physically present at the noticed location of the meeting. h) Order of business

1) The following order shall govern the transaction of business of the Board at any regular or special meeting:

A) Roll Call

B) CommunicationsMinutes of Previous Meeting

C) Report of the ChairCommunications

D) Minutes of Previous MeetingReport of Standing and Special Committees

E) Report of Standing and Special Committeesthe Chair

F) Deferred CompensationReport of the State Treasurer

G) Report of Consultantthe Director

H) Report of the DirectorInvestment Counsel

I) Reports of any Member of the Board

J) Unfinished Business

K) New Business

L) Adjournment

2) Any motion or resolution may be presented and considered out of the regular order of business by consent of a majority of the members present at any regular or special meeting.

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3) If an individual wishes to address a member of the Board at a meeting required to be open under the Open Meetings Act, the individual shall provide prior written notice to the Board's General Counsel. The notice shall describe the identity of the speaker and the general subject matter of the address and shall specify the meeting at which the address will be made. A copy of any written materials that the individual wishes to distribute to any Board member during the address must be attached to the notice.

ih) Voting. Each member shall have one vote on any question coming before the Board at any regular or special meeting at which that member is in attendance. Concurring votes by a majority of the members present at the meeting shall be necessary for the adoption of any resolution or action by the Board.

ji) Roll calls. The Chair or any member may request a roll call on any motion or resolution involving an expenditure of moneys or the creation of a liability for the Board or on any other motions. The vote of each member present shall then be recorded in the minutes of the meeting. kj) Reconsideration. A motion for the reconsideration of any vote shall be in order only if made at the meeting at which the vote sought to be reconsidered is taken or at the next regular meeting.

lk) Deferral of reports. Upon request of any two members of the Board, the consideration of any report presented by any committee shall be deferred for one meeting, and a copy of the report of the committee shall be provided each member of the Board.

ml) Record of proceedings.

1) The Board shall keep a full record of all its proceedings in which all of its transactions is recorded. All resolutions approved by the Board shall be signed by the Chair and Recording Secretary and shall be filed with the minutes of the meeting at which adopted. At least five days before the date of the next scheduled meeting, the Board's General CounselRecording Secretary shall supply each Board member with a copy of the minutes of the last meeting.

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2) If an individual wishes to record the proceedings of the Board at a meeting required to be open under the Open Meetings Act, the individual shall provide prior written notice to the Board's General Counsel. The notice shall describe the identity of the individual and the means by which the meeting will be recorded and shall specify the meeting at which the recording will be made.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 800.130 Officers and Their Duties

a) Elective officers. The following named officers shall be elected by the Board biennially at the annual meeting in each odd-numbered year from among the members of the Board: Chair, Vice Chair, and Recording Secretary, and Member at Large. Any vacancy occurring during a biennial period shall be filled in like manner for the unexpired term of office.

b) Appointive officers. The following named officers shall be appointed by the Board: the Director and such other officers as the Board may from time to time determine.

c) Officers ex officio. The State Treasurer shall be ex officio Custodian and Treasurer of the Board.

d) Chair. The Chair shall be the chief executive officer of the Board; shall preside at all meetings; announce the business before the Board; announce the question under consideration and the result of the vote taken; request a roll call upon any action or resolution as herein provided. He or she shall appoint all necessary committees and see that they perform their assigned duties. The Chair and the Director shall sign all written contracts and agreements upon authorization of the Board. The Chair shall exercise general supervision over the operations of the agency.

e) Vice Chair

1) In the absence of the Chair, the Vice Chair shall act as Chair at any regular or special meeting and shall serve in the Chair's stead if the Chair is temporarily unable or unwilling to act.

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2) If the Chair or Vice Chair is not available to preside at a meeting, any member selected by a majority vote of those present may act as presiding officer, pro tempore. f) Recording Secretarysecretary. The Recording Secretary shall record the proceedings of each meeting of the Board and make copies available to each member. In accordance with law, he or she shall give proper and timely notice of all meetings to members of the Board and others concerned with the business of the Board; shall prepare for each meeting of the Board an Order of Business showing the business to be transacted by the Board; shall authenticate with his or her signature any resolutions of the Board; and shall perform such other duties as may be prescribed by the rules, orders or resolutions of the Board.

g) Custodian

1) The State Treasurer, as official Custodian of the Board, shall provide adequate safe deposit facilities for securities, funds and other assets received by the Board and hold those securities, funds and other assets subject to the order of the Board. He or she shall arrange to receive from the several pension funds subject to the jurisdiction of the Board all securities in their possession or for which commitments had been made, and all funds, assets or moneys representing permanent or temporary investments or cash reserves maintained for the purpose of obtaining income. All transfers shall be receipted for, in detail, by the Chair and Director of the Board.

2) The Board may also contract, for a predetermined fee, with any national or state bank or trust company authorized to do a trust business in the State of Illinois for custodial and trust accounting facilities for the investments under its control, which may include the collection of interest, dividends and principal payments.

3) From the reports compiled by the State Treasurer relative to the cash balances applicable to each pension fund for a determination of investable funds, each retirement system shall report to the Board periodically, but at least once each month, the amounts available for investment after provision for the current requirements of the fund for benefits and expense

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payments.

4) The Custodian shall submit periodic reports to the Board on the investments held for the account of the pension funds under the jurisdiction of the Board.

h) Director

1) The Director shall administer the affairs of the Board pursuant to the provisions of the statute governing the Board, subject to and under supervision of the Board. With the approval of the Board, the Director may employ such personnel, professional or clerical, as may be desirable and necessary, and fix their compensation. The Director shall be in complete charge of all records, books, files, papers and documents belonging to the Board, other than those in the possession and under control of the statutory Custodian.

2) The Director or Chair shall answer all correspondence bearing upon the business of the Board; shall present to the Board bills for expenses; shall request any information and reports that may be required during the course of operations to effectuate the objectives of the Board; and shall prepare periodic statements and reports to fully carry out the expressed and implied requirements of the applicable law. He or she shall perform such other duties that are called for by the rules, orders, directives and resolutions of the Board.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 800.140 Committees

a) Executive Committee

1) There shall be an Executive Committee of the Board, consisting of the Chair, Vice Chair, and Recording Secretary, and Member at Largeone other member of the Board, who shall serve for a two-year term and who shall be elected at an annual meeting following the election of officers. The Recording Secretary shall serve as Secretary of the Committee.

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2) The Executive Committee has the authority to conduct all business of the Board during the interim between Board meetings and report that business at the next Board meeting for ratification by the Board. The Executive Committee shall resolve any questions of procedure in the interim between meetings of the Board, propose to the Board changes in policy, and recommend to the Board changes in the statute governing the Board with the view of bringing about improved total return on investments consistent with the high standards of safety required in the investment of public funds. Recommendations may also be made by the Committee for possible extension of the scope of authority of the Board to include other pension or trust funds. b) Audit and Compliance Committee

1) There shall be an Audit and Compliance Committee of the Board, consisting of such members of the Board as the Chair of the Board shall appoint, and who shall serve a term to end at the time of the next annual meeting of the Board following the election of officers. The Board shall determine delegation of Committee responsibilities. (Examples of such delegation include formally communicating with the Illinois Auditor General, creating the Board's internal ethics code, and ensuring compliance with Illinois ethics laws.)

2) The Committee will elect a Committee Chair to whom the Committee may delegate only those responsibilities as have been approved in advance by the Board.

3) Additional responsibilities of the Audit and Compliance Committee shall be to maintain supervision over all accounting related activities of the Board, including but not limited to regular liaison with the Office of the Auditor General, independent auditors and accounting consultants to the Board. In addition, the Committee will participate in the review of the Board's activities by the Legislative Audit Commission and the Auditor General.

4) The Audit and Compliance Committee shall have oversight responsibility for all matters relating to the Illinois Ethics Act. The Chair of the Committee shall be the designated Ethics Officer for Board members and

ILLINOIS REGISTER 16321 13 ILLINOIS STATE BOARD OF INVESTMENT

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staff. The Committee shall develop and make recommendations to the Board regarding policies and procedures for internal codes of ethics for both the Board and Staff members, consistent with the State Officials and Employees Ethics Act [5 ILCS 430].

5) The Committee will recommend changes in accounting and general compliance policy for Board consideration.

6) The Committee shall meet as often as necessary in the discretion of the Board or the Chair of the Committee, so long as the meeting is in compliance with the Open Meetings Act. All Board members shall be encouraged to attend and participate. c) Investment Policy Committee

1) There shall be an Investment Policy Committee of the Board, consisting of such members of the Board as the Chair of the Board shall appoint, and who shall serve a term to end at the time of the next annual meeting of the Board following the election of officers. The Board shall determine delegation of Committee responsibilities. (Examples of such delegation include interviewing investment management firms that are finalists in the Board's competitive bidding process and recommending policies pertaining to the Board's investments, such as the Board's asset allocation study.)

2) It shall be the responsibility of the Committee:

A) to recommend investment policy to the Board, both at its regularly scheduled meetings and whenever recommendations appear, in the judgment of the Committee, to be necessary or desirable;

B) for the ongoing and specific supervision of the internal investment process, including but not limited to advance approval of all long- term investment transactions not falling within certain delegatory guidelines established by Board action; and

C) for ongoing liaison with external investment advisors, together with recommendations concerning the tenure, compensation, fund

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direction, and retention of the advisors.

3) The Investment Policy Committee willshall elect a Chair and a Vice Chair, to whom the Committee may delegate only those responsibilities as have been approved in advance by the Board.

4) The Committee shall meet as often as necessary in the discretion of the Board or the Chair of the Committee, so long as the meeting is in compliance with the Open Meetings Act. All Board members shall be encouraged to attend and participate.

5) The Committee shall advise the Board when the Committee believes it is appropriate that non-Board members with investment and economic expertise participate in Committee affairs.

6) The Board Chair will be an ex-officio, voting member of the Committee. d) Emerging Manager Committee

1) There shall be an Emerging Manager Committee of the Board, consisting of such members of the Board as the Chair of the Board shall appoint, and who shall serve a term to end at the next annual meeting of the Board following the election of officers. The Board shall determine the Committee's responsibilities. (Examples of such delegation include interviewing emerging managers and recommending policies pertaining to the Board's investments, such as the Board's Emerging and Minority Investment Manager and Minority and Illinois Brokerage Policy or Targeted Investment Policy.)

2) An "emerging manager" is a qualified investment adviser that manages an investment portfolio of at least $10,000,000, but less than $10,000,000,000, and is a "minority owned business", "female owned business" or business owned by a person with a disability, as those terms are defined in the Business Enterprise for Minorities, Females and Persons with Disabilities Act [30 ILCS 575/2(A)(3), (4) and (4.1)].

3) It shall be the policy of the Committee:

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A) to increase access to and business with emerging managers; and

B) to maximize utilization of minority-owned broker/dealers by the Board's investment managers.allocate at least 5% of fund assets to emerging managers, consistent with statutes;

C) to encourage emerging managers to grow assets under their management, outperform the applicable benchmark index, and eventually move into the core portfolio.

4) It shall be the responsibility of the Committee:

A) to interview emerging manager applicants for specific asset classes;

B) to function as ongoing liaison with emerging managers, together with recommendations concerning the tenure, compensation, fund direction, and retention of emerging managers;

C) to recommend emerging manager policy to the Board, both at its regularly scheduled meetings and whenever those recommendations appear, in the judgment of the Committee, to be necessary or desirable; and

D) to conduct other duties as assigned by the Board.

5) The Committee will elect a Chair to whom the Committee may delegate only those responsibilities as have been approved in advance by the Board.

6) The Committee shall meet as often as necessary, in the discretion of the Board or the Chair of the Committee, so long as the meetings are in compliance with the Open meetingsMeeting Act. All Board members shall be encouraged to attend and participate.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

SUBPART F: AMENDMENTS

ILLINOIS REGISTER 16324 13 ILLINOIS STATE BOARD OF INVESTMENT

NOTICE OF PROPOSED AMENDMENTS

Section 800.510 Amendments

Amendments to this Part may be proposed by any member of the Board, shall be submitted to the Board's General CounselRecording Secretary in writing, and shall be acted upon in the following manner:

a) Upon receipt of a proposal for an amendment, the Board's General CounselRecording Secretary shall mail a copy to each member of the Board setting forth in full the proposed amendment at least 10 days prior to the date of any regular or special meeting at which the proposal will be submitted for consideration.

b) At the next regular or special meeting following the mailing of the notice, or at any meeting thereafter to which consideration of the amendment has been postponed, the amendment may be adopted by a vote of at least a majority of all members of the Board. At the meeting, the proposed amendment may be modified before being acted upon, without the necessity of any further notice to the members, provided that the amendment as modified shall be applicable only to those Sections or subsections to which the notice specifically referred, and provided further that any modification shall be approved by at least a majority of all members of the Board.

c) When the Board has approved a proposal to amend this Part, the amendment shall be proposed and adopted as required by the Illinois Administrative Procedure Act [5 ILCS 100].

(Source: Amended at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16325 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED REPEALER

1) Heading of the Part: Rules Governing Educational Opportunities of Children of Deceased Veterans

2) Code Citation: 95 Ill. Adm. Code 101

3) Section Numbers: Proposed Action: 101.5 Repealed 101.10 Repealed 101.20 Repealed 101.30 Repealed 101.40 Repealed 101.50 Repealed 101.60 Repealed 101.70 Repealed

4) Statutory Authority: Authorized by Section 1 of the Children of Deceased Veterans Act and [330 ILCS 105/1] and authorized by Section 2(9) of the Illinois Department of Veterans' Affairs Act [20 ILCS 2805/2]

5) A Complete Description of the Subjects and Issues Involved: Repeal the Part for an ongoing State program in order to reformat and properly update Sections in a proposed Part as it applies to current and future conflicts that would qualify children of deceased veterans pursuant to the Act.

6) Will this rulemaking replace any emergency rulemaking currently in effect? No

7) Does this rulemaking contain an automatic repeal date? No

8) Does this rulemaking contain incorporations by reference? No

9) Are there any other proposed rulemakings pending on this Part? No

10) Statement of Statewide Policy Objective: This rulemaking does not affect units of local government.

11) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Comments on the proposed rulemaking may be submitted in writing for a period of 45 days following publication of this Notice to:

ILLINOIS REGISTER 16326 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED REPEALER

Jaime Martinez, General Counsel Department of Veterans' Affairs 100 W. Randolph St., Ste. 5-570 Chicago, IL 60601-3219

312/814-5391

12) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

13) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was included in IDVA’s July 2013 Regulatory Agenda.

The full text of the Proposed Repealer begins on the next page:

ILLINOIS REGISTER 16327 13 DEPARTMENT OF VETERANS' AFFAIRS

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TITLE 95: VETERANS AND MILITARY AFFAIRS CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS

PART 101 RULES GOVERNING EDUCATIONAL OPPORTUNITIES OF CHILDREN OF DECEASED VETERANS (REPEALED)

Section 101.5 General Rules 101.10 Eligibility Requirements of Children of Veterans 101.20 Discharge Requirements of Veterans in Determining Eligibility of Children 101.30 Service-Connected Disability 101.40 Provisions Applicable to the Death of a Veteran or His/Her Total Disability 101.50 Definitions 101.60 Forms 101.70 Maximum Amount of Compensation

AUTHORITY: Implementing the Children of Deceased Veterans Act [330 ILCS 105] and authorized by Section 2(9) of the Illinois Department of Veterans' Affairs Act [20 ILCS 2805/2(a)].

SOURCE: Filed and Effective December 15, 1977; amended at 6 Ill. Reg. 4241, effective April 7, 1982; codified at 6 Ill. Reg. 8429; old Part repealed at 38 Ill. Reg. ______and new Part adopted at 38 Ill. Reg. _____, effective ______.

Section 101.5 General Rules

The following general rules have been adopted by the Department of Veterans' Affairs, Springfield, Illinois to determine the eligibility of the applicant for the benefits of:

"An Act to provide educational opportunities for children of persons who served in the Armed Forces of the United States who were killed in action or died during the Spanish-American War, World War I, World War II, the Korean Conflict, or the induction period, or who died or are totally and permanently disabled from a service-connected disability", approved July 4, 1935, as amended (Ill. Rev. Stat. 1979, ch. 126½, pars. 26 et seq.).

Section 101.10 Eligibility Requirements of Children of Veterans

ILLINOIS REGISTER 16328 13 DEPARTMENT OF VETERANS' AFFAIRS

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For the purpose of this Act the child of a veteran will have basic eligibility if it is the legitimate or adopted child of the veteran, not under 10 nor over 18 years of age, except that extension of time may be granted for a child to complete high school, but in no event beyond the 19th birthday, who have for twelve months immediately preceding their application for these benefits had their domicile in the State of Illinois. The child must be attending or will attend a State educational institution of elementary grade, a high school or business college, educational institution or trade school in this State where courses of instruction are provided in subjects which would tend to enable such children to engage in any useful trade, occupation or profession.

Section 101.20 Discharge Requirements of Veterans in Determining Eligibility of Children

Basic eligibility exists if the veteran was discharged from service under conditions other than dishonorable, or died in service in line of duty or has a permanent total service-connected disability, or died as the result of a service-connected disability.

Section 101.30 Service-Connected Disability

Service-connected disability or death must have been the result of active military, naval or air service during the following periods:

Spanish-American War between April 21, 1898 and July 4, 1902;

World War I between April 6, 1917 and July 2, 1921;

World War II between December 7, 1941 and December 31, 1946;

Korean Conflict between June 27, 1950 and January 31, 1955;

Vietnam Conflict between January 1, 1961 and May 7, 1975.

Induction periods between September 16, 1940 through December 6, 1941, and January 1, 1947 through June 26, 1950 and February 1, 1955, and ending on the day before the first day thereafter on which individuals (other that individuals liable for induction by reason of prior deferment) are no longer liable for induction for training and service into the Armed Forces under the Universal Military Training and Service Act, and beginning January 1, 1961 and ending

ILLINOIS REGISTER 16329 13 DEPARTMENT OF VETERANS' AFFAIRS

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May 7, 1975.

Section 101.40 Provisions Applicable to the Death of a Veteran or His/Her Total Disability

The following provisions are applicable to the death of a veteran or his/her total disability as incurred in or aggravated by active service as determined by the Veterans Administration or Department of Defense:

a) In claims based on service during a war period, the criteria for determining service connection, either direct or presumptive disability, shall be allowed.

b) Claims based on service during an induction period, the standards and criteria for determining service connection based on peacetime service are applicable where the disease or injury directly resulted from armed conflict or was directly incurred while engaged in extra-hazardous service including service under conditions simulating war.

c) Except as provided in Paragraph (b) above, in claims based on service during an induction period, the cause of disability or the cause of death, either primary or contributory, must have resulted directly from and the causative factor must have been the performance of such service while on duty status. This criterion is met if the disease or injury flowed from the performance of duty while under military order or direction regardless of the fact that such duty may have risks no greater than those of civilian life. It must be shown that it is reasonable to expect that the disease or injury would not have been incurred if the individual had not been performing active service.

d) Entitlement may exist on the basis of a rating made where the veteran is not in receipt of disability compensation because of the receipt of retirement pay or other benefits from the service department.

e) A service-connected disability rated at 100% by the Veterans Administration and continuing for two consecutive years will be considered as permanent for the purpose of this Act, and benefits shall continue to be paid as long as the 100% disability and the child's eligibility continue.

f) The following conditions will be considered as permanent and totally disabling without further consideration: permanent loss of or the loss of use of both feet or

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both hands, or both eyes, or one hand and one foot, or of one foot and one eye, or of one hand and one eye, or the total loss of hearing in both ears, or the organic loss of speech.

g) Eligibility based on service during an induction period will be established if the disability meets the requirements for service connection and the disease or injury was incurred or aggravated while the veteran was on duty status and was directly related to the performance of his assigned duties. Assigned duties would include routine military duties as well as activities performed on specific orders or directions.

Section 101.50 Definitions

The following words used in these rules and regulations are defined:

a) Child − legitimate child − legally adopted child − a step-child who is a member of the veteran's household, as shown by evidence satisfactory to the Director and the Department.

b) Parent − means natural or adoptive.

c) Domicile − means permanent place of abode in the State of Illinois.

d) Veteran − means any person, male or female, who was a member of the Armed Forces during the periods as set forth in the Act.

Section 101.60 Forms

Forms used for this benefit shall be as follows:

a) Department of Veterans' Affairs Form ED I − Application for Veterans' Children Educational Opportunities.

b) Department of Veterans' Affairs Form ED II − Certificate of Attendance and Statement of Expenditures for the Veterans' Children Educational Opportunities.

Section 101.70 Maximum Amount of Compensation

ILLINOIS REGISTER 16331 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED REPEALER

No more than $250.00 will be paid for any one child during a school year for the cost of matriculation and tuition, fees, board, room rent, books and supplies, but that the amount due for the purposes specified may reach this limit and be paid where the attendance in school or an educational institution is less than the full school year.

ILLINOIS REGISTER 16332 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED RULES

1) Heading of the Part: Rules Governing Educational Opportunities of Children of Deceased Veterans

2) Code Citation: 95 Ill. Adm. Code 101

3) Section Numbers: Proposed Action: 101.10 New Section 101.20 New Section 101.30 New Section 101.40 New Section

4) Statutory Authority: Authorized by Section 1 of the Children of Deceased Veterans Act and [330 ILCS 105/1] and authorized by Section 2(9) of the Illinois Department of Veterans' Affairs Act [20 ILCS 2805]

5) A Complete Description of the Subjects and Issues Involved: Adopt rules for ongoing State program from a repealed Part in order to reformat and properly update Sections of the Part as it applies to current and future conflicts that would qualify children of deceased veterans pursuant to the Act.

6) Will this rulemaking replace any emergency rulemaking currently in effect? No

7) Does this rulemaking contain an automatic repeal date? No

8) Does this rulemaking contain incorporations by reference? No

9) Are there any other proposed rulemakings pending on this Part? No

10) Statement of Statewide Policy Objective: This rulemaking does not affect units of local government.

11) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Comments on the proposed rulemaking may be submitted in writing for a period of 45 days following publication of this Notice to:

Jaime Martinez, General Counsel Department of Veterans' Affairs 100 W. Randolph St., Ste. 5-570

ILLINOIS REGISTER 16333 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED RULES

Chicago IL 60601-3219

312/814-5391

12) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

13) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was included in IDVA's July 2013 Regulatory Agenda.

The full text of the Proposed Rules begins on the next page:

ILLINOIS REGISTER 16334 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED RULES

TITLE 95: VETERANS AND MILITARY AFFAIRS CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS

PART 101 EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED OR DISABLED VETERANS

Section 101.10 Definitions 101.20 Benefits 101.30 Determination of Eligible Veteran 101.40 Forms

AUTHORITY: Implementing the Children of Deceased Veterans Act [330 ILCS 105] and authorized by Section 2(9) of the Department of Veterans' Affairs Act [20 ILCS 2805/2(9)].

SOURCE: Filed and Effective December 15, 1977; amended at 6 Ill. Reg. 4241, effective April 7, 1982; codified at 6 Ill. Reg. 8429; old Part repealed at 38 Ill. Reg. ______and new Part adopted at 38 Ill. Reg. _____, effective ______.

Section 101.10 Definitions

The following are definitions of terms used in this Part:

Act − The Children of Deceased Veterans Act [330 ILCS 105].

Child or Children − As established by evidence satisfactory to the Department, a:

biological child of the veteran;

legally adopted child of the veteran;

stepchild who is a member of the veteran's household; or

child of a partner in a civil union, established pursuant to the Illinois Religious Freedom Protection and Civil Union Act [750 ILCS 75], with the veteran at the time of application for benefits under this Part.

ILLINOIS REGISTER 16335 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED RULES

Department − The Illinois Department of Veterans' Affairs.

Eligible Service − Service in the U.S. Armed Forces that resulted in a service- connected disability or death during the following periods:

World War I between April 6, 1917 and July 2, 1921;

World War II between December 7, 1941 and December 31, 1946, including the induction period of September 16, 1940 through December 6, 1941;

Korean Conflict between June 27, 1950 and January 31, 1955, including the induction period of January 1, 1947 through June 26, 1950;

The induction period between February 1, 1955 and the day before the first day on which individuals (other that individuals liable for induction by reason of prior deferment) were no longer liable for induction for training and service under the Universal Military Training and Service Act; and

Vietnam Conflict between January 1, 1961 and May 7, 1975.

Resident − With respect to an applicant for benefits under this Part, residency in the State of Illinois for at least 12 months immediately preceding application.

Veteran − Any person who was engaged in eligible service in the Armed Forces and who was:

discharged from service under conditions other than dishonorable;

died in service in the line of duty;

died as the result of a service-connected disability; or

has a permanent total service-connected disability.

Section 101.20 Benefits

ILLINOIS REGISTER 16336 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED RULES

a) Eligibility Children eligible for benefits under the Act and this Part must be:

1) between ages 10 and 17, inclusively, except that a child age 18 may receive benefits during the period necessary to complete high school. However, in no event will benefits be provided beyond the 19th birthday;

2) a resident of the State of Illinois;

3) attending, or will attend, an Illinois public or private elementary school, high school, business college, educational institution or trade school that provides courses of instruction in subjects that would enable the students to engage in any useful trade, occupation or profession.

b) Payment

1) No more than $250 will be paid for any one child during any one school year, or part of a school year, for the cost of matriculation and tuition fees, board, room rent, books and supplies.

2) Payment of the benefit shall be made by the Department to the institution or school, the child, or, if the child is a minor, the parent or guardian.

Section 101.30 Determination of Eligible Veteran

The following criteria will be used to determine whether a veteran's service qualifies his or her children for benefits under this Part:

a) Death In applications based on the death of a veteran while in eligible service, a determination by the U.S. Department of Defense or the U.S. Department of Veterans Affairs (federal agencies) that the death was service connected will be sufficient.

b) Disability

1) In applications based on the permanent and total disability of a veteran, a determination by the federal agencies that the disability was service

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connected will be sufficient.

2) A veteran will be considerable eligible when he or she has not received disability compensation because he or she received retirement pay or other benefits from a federal agency.

3) A service-connected disability rated at 100% by the U.S. Department of Veterans Affairs and continuing for 2 consecutive years will be considered permanent for the purpose of this Part, and benefits shall continue to be paid as long as the 100% disability and the child's eligibility continue.

4) The following conditions will be considered as permanent and totally disabling without further consideration:

A) Permanent loss of, or the loss of use of:

i) both feet, both hands or both eyes;

ii) one hand and one foot

iii) one foot and one eye;

iv) one hand and one eye; or

B) Total loss of hearing in both ears; or

C) Organic loss of speech. c) Claims Based on Service During an Induction Period

1) The standards of the federal agencies for determining service connection based on peacetime service will be used when the death or disability resulted from armed conflict or was directly incurred while engaged in extra-hazardous service, including service under conditions simulating war.

2) Except as provided in subsection (c)(1), the cause of disability or death, either primary or contributory, must be directly from, and the causative

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factor must have been the performance of, service while on duty status. This criterion is met if the death or disability was a result of the performance of duty while under military order or direction, regardless of whether the duty entailed risks greater than those of civilian life. It must be reasonably apparent that the death or disability would not have been incurred if the individual had not been performing active service.

Section 101.40 Forms

The following forms shall be used for applying for benefits under this Part and to validate school attendance and costs:

a) Department of Veterans' Affairs Form ED I − Application for Veterans' Children Educational Opportunities.

b) Department of Veterans' Affairs Form ED II − Certificate of Attendance and Statement of Expenditures for the Veterans' Children Educational Opportunities.

ILLINOIS REGISTER 16339 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED REPEALER

1) Heading of the Part: Payment of Vietnam Veterans Compensation Act

2) Code Citation: 95 Ill. Adm. Code 104

3) Section Numbers: Proposed Action: 104.10 Repealed 104.20 Repealed 104.30 Repealed 104.40 Repealed 104.50 Repealed 104.60 Repealed 104.70 Repealed 104.80 Repealed 104.90 Repealed 104.100 Repealed 104.110 Repealed 104.120 Repealed 104.130 Repealed 104.140 Repealed 104.150 Repealed 104.160 Repealed 104.170 Repealed 104.180 Repealed 104.190 Repealed 104.200 Repealed 104.210 Repealed 104.220 Repealed 104.230 Repealed

4) Statutory Authority: Implementing the Viet Nam Veterans Compensation Act [330 ILCS 30] and authorized by Section 5 of that Act

5) A Complete Description of the Subjects and Issues Involved: Repeal the Part for an ongoing State program in order to reformat and properly update Sections in a proposed Part as it applies to qualified veterans pursuant to the Act.

6) Will this rulemaking replace any emergency rulemaking currently in effect? No

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7) Does this rulemaking contain an automatic repeal date? No

8) Does this rulemaking contain incorporations by reference? No

9) Are there any other proposed rulemakings pending on this Part? No

10) Statement of Statewide Policy Objective: This rulemaking does not affect units of local government.

11) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Comments on the proposed rulemaking may be submitted in writing for a period of 45 days following publication of this Notice to:

Jaime Martinez, General Counsel Department of Veterans' Affairs 100 W. Randolph St., Ste. 5-570 Chicago, IL 60601-3219

312/814-5391

12) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

13) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was included in IDVA’s July 2013 Regulatory Agenda.

The full text of the Proposed Repealer begins on the next page:

ILLINOIS REGISTER 16341 13 DEPARTMENT OF VETERANS' AFFAIRS

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TITLE 95: VETERANS AND MILITARY AFFAIRS CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS

PART 104 RULES GOVERNING PAYMENT OF VIET NAM VETERANS COMPENSATION ACT (REPEALED)

Section 104.10 General Purpose 104.20 Responsibilities 104.30 Application for Payment 104.40 Support of Application 104.50 Eligibility 104.60 Proof of Eligibility 104.70 Service in the Merchant Marine 104.80 Civilian Work 104.90 Service in the U.S. Public Health Service 104.100 Honorable Separation 104.110 Continuous Service 104.120 Beneficiary Payments 104.130 Proof of Death 104.140 Payment to Survivors 104.150 Death of Serviceman While in Service 104.160 Death From Service-Connected Disability 104.170 Contributory Causes of Death 104.180 Evidence of Entitlement to Compensation 104.190 Assignment of Right to Compensation 104.200 Payment to an Eligible But Mentally Incompetent Person 104.210 Payment to Chief Officer of any Hospital or Institution 104.220 Disallowed Claims 104.230 Definitions

AUTHORITY: Implementing the Viet Nam Veterans Compensation Act [330 ILCS 30] and authorized by Section 5 of that Act.

SOURCE: Filed and effective December 15, 1977; codified at 6 Ill. Reg. 8434; old Part repealed at 38 Ill. Reg. ______and new Part added at 38 Ill. Reg. _____, effective ______.

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Section 104.10 General Purpose

The intent and purpose of this Act is to make payment of a bonus to those persons who served in the armed forces of the United States at any time on or after January 1, 1961 and prior to such time as Congress declares such persons ineligible for the Viet Nam Service Medal (March 28, 1973), if residents of the State of Illinois at least twelve months immediately preceding such entry. Such a person must have been honorably separated or discharged from such service, or is still in active service, or has been retired, or has been furloughed to the reserve, and must have received the Armed Forces Expeditionary Medal - Viet Nam Area or the Viet Nam Service Medal, or to the survivors or beneficiaries of such deceased person, who would have been entitled to such payment, if living.

Section 104.20 Responsibilities

The Department of Veterans' Affairs therefore has these responsibilities:

a) To adopt general rules for making such payment,

b) To ascertain amount to which persons are entitled,

c) To ascertain and select the proper beneficiaries and the amount to which such beneficiaries are entitled and,

d) To the best of its ability, disburse the funds in accordance with the authority vested under the Act.

Section 104.30 Application for Payment

Application for payment of the Viet Nam Compensation must be made on the form furnished by the Department of Veterans' Affairs.

Section 104.40 Support of Application

Each application must be supported by a certified true copy or notarized photostatic copy of the DD 214 or such other documents showing separation from service in the armed forces or Armed Forces Certificate if still in service. All other supporting evidence must be certified true copies or notarized photostatic copies.

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Section 104.50 Eligibility

Every person who has served on active duty with the armed forces of the United States on or after January 1, 1961 and prior to the defined ineligibility date for the Viet Nam Service Medal.

Section 104.60 Proof of Eligibility

Applicant must also show proof of the following:

a) Residency within the State of Illinois for at least 12 months immediately preceding entry into such service.

b) Applicant is still in active service, is honorably separated or discharged from such service, has been furloughed to a reserve or has been retired.

c) Applicant has received the Viet Nam Service Medal.

Section 104.70 Service in the Merchant Marine

Service in the merchant marine is not service in the armed forces for purpose of this Act.

Section 104.80 Civilian Work

No payment may be made under this Act to any person who, though in such service, did civilian work at civilian pay or who has received from another state a bonus or compensation of like nature as provided in this Act.

Section 104.90 Service in the U.S. Public Health Service

Service in the U.S. Public Health Service when assigned to units of the Armed Forces may be eligible for compensation.

Section 104.100 Honorable Separation

The DD 214 or Discharge must state "Honorable" or "Under Honorable Conditions". If an applicant received an honorable discharge for service during the Viet Nam crisis and is otherwise eligible, he may receive the compensation even though he re-enlisted immediately following his period of Viet Nam service and later received a "Dishonorable" or "Less than Honorable"

ILLINOIS REGISTER 16344 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED REPEALER discharge.

Section 104.110 Continuous Service

If applicant has continued in service and has not received a document of separation from active duty served at any time on or after January 1, 1961, and prior to such time as Congress declares such persons ineligible for the Viet Nam Service Medal, a certification signed by the Adjutant or Personnel Officer of the unit in which the applicant is presently serving must be furnished. The certificate must state:

a) The name of the applicant.

b) That the applicant has served under honorable conditions for all periods of continuous, active duty from date of entry into active duty to the present, including service for which he was awarded the Armed Forces Expeditionary Medal − Viet Nam Area or the Viet Nam Service Medal as recorded in his Service record.

Section 104.120 Beneficiary Payments

Payment of the sum of $1,000 will be made to the widow or widower, child or children, mother, father, person standing in loco parentis, brothers and sisters, in the order named, of any deceased person with a service-connected death that would be entitled under Section 2 of the Act, if living.

Section 104.130 Proof of Death

The beneficiary making application for payment of compensation shall furnish the following proof:

a) Husband or Wife making application must prove:

1) Death of person rendering service. (Photostatic or certified copy of official notification of death should be attached).

2) Marriage of the parties, and that such marriage existed at the time of death of person through whom claim is made.

b) Child or Children making application must prove:

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1) Death of person rendering service (See Section 104.130(a)(1))

2) Marriage of deceased and other parent of Child or Children.

3) That veteran's legal spouse is now deceased, or was divorced. (Certified copy of death certificate or divorce decree shall be attached). c) Mother, Father making application must prove:

1) Death of person rendering service. (See Section 104.130(a)(1))

2) That such person was unmarried, or if married that spouse of such person is dead or was divorced. (See Section 104.130(b)(3))

3) That if such person was married, there were no children, or if there were children, all are dead. (Photostatic copy of death certificate/s must be attached).

4) If Father is the applicant that Mother is dead. (Photostatic copy of death certificate must be attached).

5) That the deceased upon whose service claim is made was the son or daughter of the claimant. (Photostatic copy of birth certificate). d) Person Standing In Loco Parentis must prove:

That he or she stood in relation of parent toward the person rendering service and comply with (Section 104.130(c)(1) through (5) Mother, Father. e) Brother or Sister must prove:

1) See (a)(1), of this Section, Husband or Wife.

2) See (c), same as (1) through (5), of this Section, Mother, Father.

3) That both the Mother and Father of the person rendering service are dead, and that no one stood in relation of parent to the person through whom the claim is made. (Photostatic copies of death certificates will suffice to

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prove death; affidavits of responsible persons having knowledge of the facts should be sufficient to show that no one stood in loco parentis toward the deceased veteran).

4) That relationship of brother or sister existed between the applicant or applicants and person rendering service. (Affidavits of responsible persons shall accompany the application).

Section 104.140 Payment to Survivors

Payment of the sum of $1,000 will be made to the survivors, in the order named in rule 5.12 provided the person described in Section 104.50 died as a result of service in the armed forces of the United States on or after January 1, 1961, and prior to such time as Congress declares such persons ineligible for the Viet Nam Service Medal (March 28, 1973) and death was service- connected and such service connected cause of death occurred in Viet Nam Area.

Section 104.150 Death of Serviceman While in Service

If the death of serviceman occurred while in service, a certified copy of the letter from the armed forces concerned to the next of kin must be submitted.

Section 104.160 Death From Service-Connected Disability

If death resulted from a service-connected disability incurred in the area for which a Viet Nam Service Medal was awarded, a certified copy of the death certificate must be furnished. In such case the death of the veteran will be considered as having been due to service-connected disability when the evidence establishes that such disability was either the principal or contributory cause of death.

Section 104.170 Contributory Causes of Death

a) Evidence of contributory causes must be supported by:

1) Statements from the Veterans Administration that such contributory causes have been so established to the satisfaction of the Veterans Administration and dependency compensation awarded.

2) Statements from physicians who have been aware of the nature and degree

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of the veteran's service-connected disabilities, and

3) Statements from other persons who possess knowledge of this nature.

b) Other service-connected disabilities will not be for consideration.

Section 104.180 Evidence of Entitlement to Compensation

a) Evidence of entitlement to payment of the compensation as a survivor of a person killed in the Viet Nam Area must be established as listed in Section 104.130.

b) Where a preceding beneficiary fails to file a claim for compensation after the official notice of death and after a two year period, the Department of Veterans' Affairs may proceed to process applications from succeeding beneficiaries and such beneficiaries may then proceed to qualify upon submission of satisfactory proof of eligibility.

Section 104.190 Assignment of Right to Compensation

No right or claim to compensation under this act shall be assigned and no payment shall be made to any person other than the approved applicant.

Section 104.200 Payment to an Eligible But Mentally Incompetent Person

In the event compensation is payable to a person who is eligible but mentally incompetent, the compensation shall be paid to the person who is constituted his or her guardian, committee, curator or conservator by the laws of the state of residence of the incompetent, or otherwise legally vested with the care of the incompetent.

Section 104.210 Payment to Chief Officer of any Hospital or Institution

If there is no such committee, guardian, curator or conservator, payment shall be made to the Chief Officer of any hospital or institution under the supervision or control of the Veterans Administration of the United State or under control of any state of the United States in which such incompetent is paid if such officer is authorized to accept money for the benefit of the incompetent.

Section 104.220 Disallowed Claims

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All claims disallowed by the Department shall not hereafter be reviewed except upon application to the Appeal Board of the Department of Veterans' Affairs. Any claimant, whose claim has been denied, may request a review by such Board and submit additional evidence if he so desires within 12 months from date of disallowed claim.

Section 104.230 Definitions

The following are definitions of terms used in this rule:

a) Resident – The phrase – at the time of entering such service contained in Section 2 of the Act (Ill. Rev. Stat. 1979, ch. 126½ par. 57.52) shall be construed to include personnel of the regular military or naval services who were residents of the State of Illinois on January 1, 1961, shall be eligible for the bonus.

b) Child or Children – The term child or children shall include all legitimate children and legally adopted children.

c) Brothers and Sisters – The term brothers and sisters, in addition to its ordinary meaning shall include brothers and sisters of the "whole" blood as well as the "half" blood, having a common parent with the deceased veteran.

d) Loco Parentis – The term loco parentis shall be limited to a person who stood in the position of a parent and shall not be a corporation or trust.

e) Active Service – The term active service shall exclude time lost for Absent Without Leave or Absent on Leave.

f) Service-Connected Deaths – The term service-connected, contained in Section 3 of the Act, shall mean a death incurred in the line of duty as determined by the arm of service.

g) Viet Nam Service Medal – The DD 214 or discharge will show under item "Decorations, Medals, Etc." the award of the Armed Forces Expeditionary Medal – Viet Nam Area or the Viet Nam Service Medal.

h) Mentally Incompetent – A person found to be incompetent by a court of competent jurisdiction of any state or the District of Columbia or by an

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adjudication officer of the Veterans Administration. i) Viet Nam Area – The area within North and South Viet Nam, Viet Nam waters, the air over North and South Viet Nam and the air over Viet Nam waters.

ILLINOIS REGISTER 16350 13 DEPARTMENT OF VETERANS' AFFAIRS

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1) Heading of the Part: Viet Nam Veterans Compensation

2) Code Citation: 95 Ill. Adm. Code 104

3) Section Numbers: Proposed Action: 104.10 New Section 104.20 New Section 104.30 New Section 104.40 New Section 104.50 New Section 104.60 New Section

4) Statutory Authority: Authorized by the Viet Nam Veterans Compensation Act [330 ILCS 30/ et seq.] and by Section 2(9) of the Illinois Department of Veterans' Affairs Act [20 ILCS 2805/2(9)]

5) A Complete Description of the Subjects and Issues Involved: To clarify the general purpose, eligibility and definitions of this benefit program for qualified veterans and their dependents by proposing an updated rulemaking after repeal of the previous outdated Part.

6) Will this rulemaking replace any emergency rulemaking currently in effect? No

7) Does this rulemaking contain an automatic repeal date? No

8) Does this rulemaking contain incorporations by reference? No

9) Are there any other proposed rulemakings pending on this Part? No

10) Statement of Statewide Policy Objective: This rulemaking does not affect units of local government.

11) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Comments on the proposed rulemaking may be submitted in writing for a period of 45 days following publication of this Notice to:

Jaime Martinez, General Counsel Department of Veterans' Affairs 100 W. Randolph St., Ste. 5-570

ILLINOIS REGISTER 16351 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED RULES

Chicago, IL 60601-3219

312/814-5391

12) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

13) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was included in the July 2013 Regulatory Agenda.

The full text of the Proposed Rules begins on the next page:

ILLINOIS REGISTER 16352 13 DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED RULES

TITLE 95: VETERANS AND MILITARY AFFAIRS CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS

PART 104 VIET NAM VETERANS COMPENSATION

Section 104.10 Definitions 104.20 Responsibilities of the Department 104.30 Compensation Payments to Veterans or Servicepersons 104.40 Compensation Payments to Survivors 104.50 Assignment of Right to Compensation 104.60 Disallowed Claims

AUTHORITY: Implementing the Viet Nam Veterans Compensation Act [330 ILCS 30] and authorized by Section 5 of that Act.

SOURCE: Filed and effective December 15, 1977; codified at 6 Ill. Reg. 8434; old Part repealed at 38 Ill. Reg. _____ and new Part adopted at 38 Ill. Reg _____, effective ______.

Section 104.10 Definitions

The following are definitions of terms used in this Part:

Act − The Viet Nam Veterans Compensation Act [330 ILCS 30].

Active Service – Excludes time lost for Absent Without Leave or Absent on Leave.

Brothers and Sisters – Brothers and sisters of the "whole" blood as well as the "half" blood, having a common parent with the deceased veteran.

Child or Children – All biological children, legally adopted children, stepchildren who were members of the household of a deceased veteran, and children of a partner in a civil union established pursuant to the Illinois Religious Freedom Protection and Civil Union Act [750 ILCS 75] with the veteran at the time of death.

Eligible Applicant − A person who meets the requirements of Section 104.30 or

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104.40 and applies for compensation from the State under this Part.

In Loco Parentis – A person who stands in the position of a parent; shall not be a corporation or trust.

Mentally Incompetent – A finding of mental incompetency by a court of competent jurisdiction of any state or the District of Columbia or by an adjudication officer of the U.S. Department of Veterans Affairs.

Service-Connected Deaths – A death incurred in the line of duty, as determined by the arm of service (see Section 3 of the Act).

Veteran − A veteran of the Viet Nam Campaign eligible for compensation under the Act and this Part.

Viet Nam Area – The area within North and South Viet Nam, Viet Nam waters, the air over North and South Viet Nam and the air over Viet Nam waters.

Viet Nam Service Medal – The award shown under "Decorations, Medals, Etc." on an individual's DD214 or other discharge documentation indicating service during the Viet Nam Campaign.

Section 104.20 Responsibilities of the Department

The Department of Veterans' Affairs has the responsibility:

a) to adopt general rules for making payments under this Part;

b) to ascertain the amount to which eligible persons are entitled;

c) to ascertain and select the proper beneficiaries and the amount to which those beneficiaries are entitled; and

d) to the best of its ability, to disburse the funds in accordance with the authority vested under the Act.

Section 104.30 Compensation Payments to Veterans or Servicepersons

a) Veteran or Serviceperson Eligible to Apply for Compensation Under the Act

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1) Eligible Applicants

A) The applicant must still be in active service, be honorably separated or discharged from the service, be furloughed to the reserves, or be retired.

B) Every person meeting the residency requirements of subsection (a)(3) and who served on active duty with the Armed Forces of the United States between January 1, 1961 and March 28, 1973, inclusively, (see 32 CFR 578.26) and received the Viet Nam Service Medal is eligible for compensation under the Act.

C) Those who served full-time duty as a commissioned officer in the U.S. Public Health Service assigned to units of the Armed Forces are eligible for compensation upon documentation of service.

2) Ineligible Applicants

A) Service in the merchant marine is not service in the Armed Forces for purpose of the Act.

B) No payment may be made under the Act to any person who did civilian work at civilian pay.

C) No payment may be made to any person who has received from another state a bonus or compensation of like nature.

3) Residency Eligible applicants must prove residency within the State of Illinois for at least 12 months immediately preceding entry into the service. b) Application Form Application for payment of the Viet Nam compensation must be made on the form furnished by the Department of Veterans' Affairs. c) Evidence of Discharge or Continued Service

1) Documentation of Separation

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Each applicant shall submit a certified or notarized copy of the DD 214 or such other documents showing separation from service in the Armed Forces or, if still in service, the certification described in subsection (c)(2). All other supporting evidence must be certified or notarized copies.

2) Certification of Continued Service An eligible applicant who has continued in service and has not received a document of separation from active duty must submit a certification signed by the Adjutant or Personnel Officer of the unit in which the applicant is presently serving. The certificate must state:

A) The name of the applicant; and

B) That the eligible applicant has served under honorable conditions for all periods of continuous, active duty from the date of entry into active duty to the present, as recorded in his or her service record.

3) Condition of Discharge The DD 214 or other proof of discharge must state "Honorable" or "Under Honorable Conditions". If an applicant received an honorable discharge for service during the Viet Nam Campaign and is otherwise eligible, he or she is entitled to the compensation even though he or she re-enlisted immediately following the period of Viet Nam service and later received a "Dishonorable" or "Less than Honorable" discharge.

Section 104.40 Compensation Payments to Survivors

a) Survivor Compensation Payment of $1,000 will be made to the widow or widower, child or children, mother and/or father, person standing in loco parentis, or brothers and/or sisters, in the order named, of any deceased person with a service-connected death who would be entitled to compensation under Section 2 of the Act, if still living.

b) Proof of Death of Eligible Veteran

1) Proof of Death While in Service A copy of the letter from the Armed Forces to the next of kin announcing the death must be submitted with an application for compensation under

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the Act.

2) Death Resulting from Service-Related Disability

A) If the death resulted from a Viet Nam Campaign service-connected disability, a copy of the death certificate must be furnished. The death of the veteran will be considered as having been due to a service-connected disability when the evidence establishes that the disability was either the principal or contributory cause of death.

B) Evidence of contributory causes must be supported by:

i) Statements from the U.S. Department of Veterans Affairs that the contributory causes have been established to the satisfaction of the VA and dependency compensation awarded;

ii) Statements from physicians who have been aware of the nature and degree of the veteran's service-connected disabilities; or

iii) Statements from other persons who possess knowledge of the disability and the contributory causes.

C) Non-eligible Disabilities Other service-connected disabilities will not entitle the person to compensation. c) Proof of Eligibility The survivors applying for compensation shall prove that the veteran is deceased, furnishing a copy of the official notification of death. Additionally, each category of survivor shall submit the following additional documentation:

1) A spouse making application must prove marriage of the parties and that they were legally married at the time of the death of the veteran.

2) A child making application must prove:

A) Legal marriage of the veteran and the other parent of the child.

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B) That the veteran's legal spouse is now deceased or was divorced from the veteran. A copy of the death certificate or divorce decree shall be attached.

3) A parent making application must prove:

A) That the veteran was unmarried or, if married, that the spouse is deceased or was divorced from the veteran. A copy of the death certificate or divorce decree shall be attached.

B) That, if the veteran was married, there were no children or, if there were children, all are deceased. A copy of the death certificate shall be attached.

C) If only one parent is applying, that the other parent is deceased. A copy of the death certificate shall be attached.

D) That the veteran was the son or daughter of the claimant. A copy of the birth certificate shall be attached.

4) A person standing in loco parentis must prove that he or she stood in that capacity to the veteran and must comply with the requirements of subsection (c)(3).

5) A sibling must comply with the requirements of subsections (c)(1) and (2) and must prove:

A) That both parents of the veteran are deceased and that no one stood in loco parentis to the veteran. Copies of death certificates will suffice to prove death. Affidavits of responsible persons having knowledge of the facts should be sufficient to show that no one stood in loco parentis toward the veteran.

B) That a relationship of brother or sister existed between the applicant and the veteran. Affidavits of responsible persons shall accompany the application. d) Succeeding Survivors

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When a survivor fails to file a claim for compensation within 2 years after the official notice of the death of the veteran, the Department may consider applications from succeeding survivors. The order of succession is as stated in subsection (a).

Section 104.50 Assignment of Right to Compensation

a) No right or claim to compensation under the Act shall be assigned and no payment shall be made to any person other than the approved applicant, except as provided in this Section.

b) In the event compensation is payable to a person who is eligible but mentally incompetent, the compensation shall be paid to the guardian, committee, curator or conservator assigned under the laws of the state of residence of the approved applicant, or to a person otherwise legally vested with the care of the approved applicant.

c) If there is no responsible committee, guardian, curator or conservator, payment shall be made to the chief officer of any hospital or institution under VA supervision or control or under control of any state in which the approved applicant receives payment, if the officer is authorized to accept money for the benefit of the approved applicant.

Section 104.60 Disallowed Claims

All claims disallowed by the Department shall not be reviewed except upon application to the Department's Appeal Board. Any claimant whose claim has been denied may request a review by the Board and may submit additional evidence within 12 months after the claim is disallowed.

ILLINOIS REGISTER 16359 13

DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: Veterans' Scratch-Off Lottery Grant Program

2) Code Citation: 95 Ill. Adm. Code 125

3) Section Numbers: Proposed Action: 125.15 Amendment 125.80 Amendment

4) Statutory Authority: Authorized by Section 21.6 of the Illinois Lottery Law [20 ILCS 1605/21.6]

5) A Complete Description of the Subjects and Issues Involved: To provide an exception for grant funds purposes.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None

7) Will this rulemaking replace any emergency rulemaking currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other proposed rulemakings pending on this Part? No

11) Statement of Statewide Policy Objective: This rulemaking does not affect units of local government.

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Comments on the proposed rulemaking may be submitted in writing for a period of 45 days following publication of this Notice to:

Jaime Martinez, General Counsel Department of Veterans' Affairs 100 W. Randolph St., Ste. 5-570 Chicago, IL 60601-3219

312/814-5391

ILLINOIS REGISTER 16360 13

DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED AMENDMENTS

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

14) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was included in the July 2013 Regulatory Agenda for this agency.

The full text of the Proposed Amendments begins on the next page:

ILLINOIS REGISTER 16361 13

DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED AMENDMENTS

TITLE 95: VETERANS AND MILITARY AFFAIRS CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS

PART 125 VETERANS' SCRATCH-OFF LOTTERY GRANT PROGRAM

Section 125.10 Program Objectives 125.15 Definitions 125.20 Eligibility Requirements 125.30 Assistance Formula 125.40 General Procedures for Grant Applications and Awards 125.50 Eligible Project Costs 125.60 Project Evaluation Priorities 125.70 Funding Authorization Committee Program Compliance Requirements 125.80 Disqualification 125.APPENDIX A Project Evaluation Criteria

AUTHORITY: Authorized by Section 21.6 of the Illinois Lottery Law [20 ILCS 1605/21.6].

SOURCE: Adopted at 34 Ill. Reg. 7776, effective May 20, 2010; amended at 37 Ill. Reg. 12098, effective July 10, 2013; amended at 38 Ill. Reg. ______, effective ______.

Section 125.15 Definitions

The following words and terms, when used in this Part, shall have the following meanings unless the context clearly indicates otherwise.

"Act" means Section 21.6 of the Illinois Lottery Law [20 ILCS 1605/21.6].

"Committee" means the Funding Authorization Committee created under Section 125.70.

"Department" means the Illinois Department of Veterans' Affairs.

"Director" means the Director of the Illinois Department of Veterans' Affairs.

ILLINOIS REGISTER 16362 13

DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED AMENDMENTS

"Post Traumatic Stress Disorder" or "PTSD" means an anxiety disorder that develops after exposure to a terrifying event or ordeal related to time served in the military in which grave physical harm occurred or was threatened.

"TBI" means traumatic brain injury.

"Veterans Service Officer" means a person who has successfully completed the Training, Responsibility, Involvement and Preparation of Claims Program and has been so certified by the United States Department of Veterans Affairs.

"Veterans Service Organization" or "VSO" means an organization that is federally chartered and/or recognized or approved by the Secretary of the U.S. Department of Veterans Affairs (VA) for purposes of preparation, presentation and prosecution of claims under laws administered by the VA.

"Veterans Services" means the representation of veterans in federal hearings to secure benefits for veterans and their spouses and beneficiaries, including:

Disability compensation benefits;

Disability pension benefits;

Dependents' indemnity compensation;

Widow's death pension;

Burial benefits;

Confirmed and continued claims;

Vocational rehabilitation and education;

Waivers of indebtedness.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

Section 125.80 Disqualification

ILLINOIS REGISTER 16363 13

DEPARTMENT OF VETERANS' AFFAIRS

NOTICE OF PROPOSED AMENDMENTS

No grant may be approved:

a) For any amount in excess of $100,000.

b) To an applicant that is not a governmental entity or a tax exempt entity.

c) To an applicant that is non-compliant on a previous grant, including the failure to supply a proper concluding report.

d) To an applicant delinquent in any payments to the State of Illinois.

e) For any purpose other than research or service relating to the program objectives.

f) For a service grant to any applicant who will not be performing the service within the State of Illinois.

g) For travel costs for out-of-state travel.

h) For salaries, except for a Veteran Service Organization that meets the provisions of Section 25(c) of the Department of Veterans Affairs Act [20 ILCS 2805/25(c)] and secures federal veteran-related benefits for veterans and/or their survivors, or for specific services authorized in the grant agreement.

(Source: Amended at 38 Ill. Reg. ______, effective ______)

ILLINOIS REGISTER 16364 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Interior Design Profession Title Act

2) Code Citation: 68 Ill. Adm. Code 1255

3) Section Numbers: Adopted Action: 1255.20 Amendment 1255.30 Amendment 1255.40 Amendment 1255.50 Amendment 1255.60 Amendment 1255.65 Amendment 1255.70 Amendment 1255.80 Amendment 1255.90 Amendment

4) Statutory Authority: Implementing the Interior Design Profession Title Act [225 ILCS 310] and authorized by Section 60(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/60(7)]

5) Effective Date of Rulemaking: October 18, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rulemaking, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: June 21, 2013; 37 Ill. Reg. 8089

10) Has JCAR issued a Statement of Objection to this rulemaking: No

11) Differences between Proposal and Final Version: No substantive differences

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? Yes

13) Will this rulemaking replace emergency rulemaking currently in effect? No

ILLINOIS REGISTER 16365 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: Public Act 96-1334 was the sunset reauthorization of The Interior Design Title Act. The adopted rulemaking implements various provisions of the Act, including elimination of the "Residential Interior Design" registration and all requirements and references to that registration. The late fee for restoration of a non-renewed license has been increased from $20 to $50."Various other clean-up and technical changes have also been made, including changes to reflect the consolidation of agencies into the Department of Financial and Professional Regulation and the creation of the Division of Professional Regulation.

16) Information and questions regarding this adopted rulemaking shall be directed to:

Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 3rd Floor Springfield, Illinois 62786

217/785-0813 Fax#: 217/557-4451

The full text of the Adopted Amendments begins on the next page:

ILLINOIS REGISTER 16366 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1255 INTERIOR DESIGN PROFESSION TITLE ACT

Section 1255.10 Application for Registration Under Section 8(c) of the Act (Grandfather) (Repealed) 1255.15 Application for Registration as a Residential Interior Designer Under Section 8(c- 5) of the Act (Grandfather) (Repealed) 1255.20 Application for Registration 1255.30 Approved Programs of Interior Design 1255.40 Full-time Diversified Professional Experience 1255.50 Endorsement 1255.60 Renewal 1255.65 Fees 1255.70 Inactive Status 1255.80 Restoration 1255.90 Granting Variances

AUTHORITY: Implementing the Interior Design Profession Title Act [225 ILCS 310] and authorized by Section 60(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/60(7)].

SOURCE: Emergency rules adopted at 15 Ill. Reg. 17411, effective November 19, 1991, for a maximum of 150 days; adopted at 16 Ill. Reg. 3194, effective February 18, 1992; amended at 19 Ill. Reg. 7614, effective May 26, 1995; emergency amendment at 24 Ill. Reg. 872, effective December 31, 1999, for a maximum of 150 days; amended at 24 Ill. Reg. 1928, effective January 19, 2000; amended at 37 Ill. Reg. 16364, effective October 18, 2013.

Section 1255.20 Application for Registration

a) An applicant for registration as an interior designer or a residential interior designer shall file an application, on forms provided by the Department, thatwhich includes the following:

1) Certification submitted to the Department of Financial and Professional Regulation-Division of Professional Regulation (Division) from: A)theThe

ILLINOIS REGISTER 16367 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

National Council for Interior Design Qualifications (NCIDQ) indicating the successful completion of the NCIDQ examination for an interior design license.;

B) The Council for Qualifications of Residential Interior Designers (CQRID) indicating the successful completion of the CQRID examination for a residential interior design license;

2) Proof of Education/Experience

A) Certification of graduation and official transcripts from a 4 or 5 year interior design program as set forth in Section 1255.30 and at least 2 years of full-time diversified interior design experience as defined in Section 83(f) of the Act and Section 1255.401250.40 of this Part; or

B) Certification of graduation and official transcripts from an approved 4 year interior design program and at least 2 years of full-time diversified interior design experience as defined in Section 3(f) of the Act and Section 1250.40 of this Part; or

BC) Certification of completion and official transcripts of at least 3 years of interior design curriculum from an approved program as provided in Section 1255.30 and at least 3 years of full-time diversified interior design experience as defined in Section 83(f) of the Act and Section 1255.401250.40 of this Part; or

CD) Certification of graduation and official transcripts from an approved 2 year interior design program as provided for in Section 1255.30 and at least 4 years of full-time diversified interior design experience as defined in Section 8 3(f) of the Act and Section 1255.401250.40 of this Part; or

E) For a residential interior designer license, certification of a high school diploma or G.E.D. plus 5 years of full-time diversified residential interior design experience;

3) A complete work history; and

ILLINOIS REGISTER 16368 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

34) The fee required by Section 1255.65 of this Part.

b) An individual who holds an active license as an architect in Illinois pursuant to the Illinois Architecture Practice Act of 1989 [225 ILCS 305] shall be issued a certificate of registration as an interior designer or a residential interior designer without examination, as provided in Section 8(d) of the Act, upon submitting to the Division an application and to the Department upon payment of a fee of $40.

(Source: Amended at 37 Ill. Reg. 16364, effective October 18, 2013)

Section 1255.30 Approved Programs of Interior Design

a) The DivisionDepartment shall, upon recommendation of the Board, approve an interior design program if it meets the following minimum criteria:

1) The educational institution is/was legally recognized and authorized, through appropriate agencies such as a ministry of education or higher education governing board, by the jurisdiction in which it is located at the time the degree/certificate was obtained to confer any of the degrees/certificates required for registration in accordance with Section 8 of the Act;

2) Permanent student records are maintained by the institution which summarize the credentials for admission, attendance, grades and other records of performance;

3) The program has a designated director and a sufficient number of instructors to make certain that the educational obligations to the student are fulfilled. The faculty must have demonstrated competence as evidenced by degrees in their areasarea(s) of teaching from professional colleges or institutions;

4) The curriculum is at least 2 academic years that provides educational experience with practical application encompassing:

A) Drafting

B) Two-DimensionalDeminsional Design

ILLINOIS REGISTER 16369 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

C) Three-Dimensional Design

D) Design and Composition Fundamentals

E) Color Theory

F) Fundamentals of Residential Design

G) Fundamentals of Non-Residential Design

GH) Building Systems

HI) Materials

IJ) Codes and Ordinances

JK) Presentation Skills

KL) Business Practices and Management

LM) History of Art, Architecture and Design

MN) Computer Aided Drafting and Design

NO) Lighting;

5) A 2 year program shall include 8 or more of the above courses listed set forth in subsection (a)(4) above and includebe a minimum of 40 semester/60 quarter credits of interior design courseworkhours;

6) A 3 year program shall include 8 or more of the above courses listed set forth in subsection (a)(4) above and includebe a minimum of 6090 semester/90 quarter credits of interior design courseworkhours;

7) A 4 or 5 year program shall include 8 or more of the courses listed set forth in subsection (a)(4) above and includebe a minimum of 60120 semester/90 quarter credits of interior design courseworkhours. b) In determining whether a program should be approved, the DivisionDepartment

ILLINOIS REGISTER 16370 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

shall take into consideration, but not be bound by, accreditation or approval by the Council for Interior Design Accreditation (CIDA) formerly known as the Foundation for Interior Design Education Research or (FIDER).

c) The DivisionDepartment has determined that all interior design programs accredited or approved by CIDA or FIDER as of July 1, 1995, meet the minimum criteria set forth in this Section and are, therefore, approved.

(Source: Amended at 37 Ill. Reg. 16364, effective October 18, 2013)

Section 1255.40 Full-time Diversified Professional Experience

a) Full-time diversified professional experience in interior design/residential interior design shall meet the minimum requirements outlinedas defined in Section 8(a)3(f) of the Act and shall be in any one or combination of the following interior design related fields:

1) Commercial Design

2) Institutional/Educational

3) Governmental

4) Hospitality/Restaurant

5) Facilities Management

6) Residential Design

7) Kitchen/Bath

8) Store Planning/Retail

9) Industrial/Manufacturing

10) Health Care

b) All experience shall have been acquired after completion of a minimum of 2 years of a design or interior design related education program. This subsection does not

ILLINOIS REGISTER 16371 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

apply to applicants applying pursuant to Section 1255.15 of this Part.

c) "Full-time" experience is defined as a minimum of 1,800 hours during a 12 month period. No more than one year credit will be given in a 12 month period.

d) "Part-time" experience is defined as a minimum of 900 hours during a 12 month period. No more than one half year credit will be given in a 12 month period.

e) Approved professional experience consists of successful performance of work relating to the profession of interior design,interior design services or residential interior design services as described in Section 3 of the Act, verified by a supervising interior designer, architect or owner/manager in an interior design setting.

f) One year of experience will be granted for 2 academic years of full-time teaching experience as defined by the institution in an approved interior design program. A maximum of one year of experience for teaching will be awarded. TeachingAny teaching experience claimed by an applicant must be validated by an official of the school offering the design program.

g) An applicant cannot earn more than 40 hours per week of approved experience (i.e., overtime does not qualify for additional approved experience).

(Source: Amended at 37 Ill. Reg. 16364, effective October 18, 2013)

Section 1255.50 Endorsement

a) An applicant who is licensed/registered under the laws of another state or territory of the United States or of a foreign country and who wishes to register as an interior designer or residential interior designer shall file an application with the Department, on forms provided by the DivisionDepartment, together withwhich includes:

1) Certification of an interior design or residential interior design degree from a program approved by the DivisionDepartment in accordance with Section 1255.30 of this Part;

2) Certification of professional experience specifiedas set forth in Section 1255.40 of this Part;

ILLINOIS REGISTER 16372 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

3) Certification from the state or territory of the United States or the foreign country in which the applicant was originally licensed/registered and any location in which the applicant predominantly practices and is currently licensed/registered, stating:

A) The time during which the applicant was licensed/registered;

B) Whether the file of the applicant contains any record of disciplinary actions taken or pending; and

C) ExaminationsExamination(s) taken and examination scoresscore(s) received;

4) A complete work history; and

4)5) The required fee specifiedas set forth in Section 1255.65. b) In lieu of subsectionssubsection (a)(1) and (2), the Division willDepartment shall accept certification from the National Council for Interior Design Qualification and Council for Residential Interior Designers. c) The DivisionDepartment may require additional information to determine:

1) if the requirements in the state, territory of the United States or foreign country at the time the applicant was licensed/registered were substantially equivalent to the requirements then in effect in Illinois; or

2) if the requirements of another state, territory of the United States or foreign country, together with education and professional experience qualifications of the applicant, are substantially equivalent to the requirements in Illinois at the time of application. d) The DivisionDepartment, upon recommendation of the Board, shall determine substantial equivalency based on, but not limited to, certification from the National Council of Interior Design Qualifications or Council for Residential Interior Designers; education, training, and `experience, including, but not limited to, whether the applicant has had special honors or awards, has had articles published in professional journals, or has written textbooks relating to interior

ILLINOIS REGISTER 16373 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

design; and any other attribute thatwhich the Director of the DivisionDepartment accepts as evidence that the applicant has outstanding and proven ability in interior design.

e) The DivisionDepartment shall either issue registration by endorsement or notify the applicant in writing of the reasons for denying the application.

(Source: Amended at 37 Ill. Reg. 16364, effective October 18, 2013)

Section 1255.60 Renewal

a) Every registration issued under the Act shall expire on August 31 of odd- numbered years. The holder of a registration may renew such registration during the month preceding the expiration date by paying the required fee.

b) The first renewal period for registration as a residential interior designer shall be August 31, 1997. Thereafter, renewal for a residential interior designer shall be in accordance with subsection (a) above.

bc) It is the responsibility of each registrant to notify the DivisionDepartment of any change of address. Failure to receive a renewal form from the DivisionDepartment shall not constitute an excuse for failure to pay the renewal fee or to renew one's registration.

(Source: Amended at 37 Ill. Reg. 16364, effective October 18, 2013)

Section 1255.65 Fees

The following fees shall be paid to the Department and are not refundable:

a) Application Fees. The fee for application for a certificate of registration as a registeredan interior designer or residential interior designer is $100. In addition, applicants for an examination shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in forfeiture of the examination fee.

ILLINOIS REGISTER 16374 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

b) Renewal Fees. The fee for the renewal of a certificate of registration shall be calculated at the rate of $30 per year.

c) General Fees.

1) The fee for the restoration of a certificate of registration other than from inactive status is $50$20 plus payment of all lapsed renewal fees, but not to exceed $230$200.

2) The fee for the issuance of a duplicate certificate of registration, for the issuance of a replacement certificate of registration, for a certificate of registration that has been lost or destroyed or for the issuance of a certificate of registration with a change of name or address, other than during the renewal period, is $20. No fee is required for name and address changes on DivisionDepartment records when no duplicate certificate of registration is issued.

3) The fee for a certification of a registrant's record for any purpose is $20.

4) The fee to have the scoring of an examination authorized by the Department reviewed and verified is $20 plus any fees charged by the applicable testing service.

5) The fee for a wall certificate showing registration shall be the actual cost of producing the certificate.

4)6) The fee for a roster of persons registered as interior designers or residential interior designers in this State shall be the actual cost of producing the roster.

(Source: Amended at 37 Ill. Reg. 16364, effective October 18, 2013)

Section 1255.70 Inactive Status

a) Registered interior designers or registered residential interior designers who notify the DivisionDepartment in writing on forms provided by the DivisionDepartment may elect to place their registration on inactive status and shall be excused from the payment of renewal fees until they notify the

ILLINOIS REGISTER 16375 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

DivisionDepartment in writing of the desire to resume active status.

b) Any registered interior designer or registered residential interior designer seeking restoration from inactive status shall do so in accordance with Section 1255.80 of this Part.

c) Any person whose registration is on inactive status shall not use the title "registered interior designer" or "residential interior designer" in the State of Illinois.

(Source: Amended at 37 Ill. Reg. 16364, effective October 18, 2013)

Section 1255.80 Restoration

a) Any registered interior designer or residential interior designer whose registration has expired or has been placed on inactive status for 5 years or less may have the certificate of registration restored by paying the fees required by Section 1255.65.

b) Any person seeking restoration of a certificate of registration thatwhich has been expired or placed on inactive status for more than 5 years shall file an application, on forms supplied by the DivisionDepartment, for review by the Board, together with the fee required by Section 1255.65. The applicant shall also submit at least one of the following:

1) Sworn evidence of active practice in another jurisdiction. TheSuch evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the registrant was authorized to practice during the term of thesaid active practice;

2) An affidavit attesting to military service as provided in Section 9 of the Act;

3) Proof of passage of the NCIDQ examination for an interior designer license during the period the registration was lapsed or on inactive status; or

4) Sworn evidence of one year of active practice as an interior designer or two years of experience as an educator at an approved program of design within the two years prior to filing an application for restoration. The

ILLINOIS REGISTER 16376 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

evidence shall include completion of forms provided by the Division stating that the applicant is fit to practiceProof of passage of the CQRID examination for a residential interior design license during the period the registration was lapsed or on inactive status.

c) When the accuracy of any submitted documentation, or the relevance of sufficiency of the course work or experience is questioned by the DivisionDepartment, because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the registrant seeking restoration of a registration shall be required to:

1) Provide such information as may be necessary; and/or explain the 2)Explain such relevance or sufficiency during an oral interview; or

23) Appear for an interview before the Board when the information available to the Board is insufficient to evaluate the individual's current competency to practice under the Act.

d) Upon the recommendation of the Board, and approval by the Director, an applicant shall have his/her registration restored or be notified in writing of the reason for denying the application.

(Source: Amended at 37 Ill. Reg. 16364, effective October 18, 2013)

Section 1255.90 Granting Variances

a) The Director of the Department may grant variances from the requirements of this Partthese rules in individual cases when he or/ she finds that:

1) The provision from which the variance is granted is not statutorily mandated;

2) No party will be injured by the granting of the variance; and

3) The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

b) The Director shall notify the Board of Interior Design Professionals of the granting of, and the reasons for, thesuch variance , and the reasons therefor, at the

ILLINOIS REGISTER 16377 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

next meeting of the Board.

(Source: Amended at 37 Ill. Reg. 16364, effective October 18, 2013)

ILLINOIS REGISTER 16378 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: The Illinois Landscape Architecture Act of 1989

2) Code Citation: 68 Ill. Adm. Code 1275

3) Section Numbers: Adopted Action: 1275.30 Amendment 1275.40 Amendment 1275.50 Amendment 1275.60 Amendment 1275.65 New Section 1275.70 Amendment 1275.75 Amendment 1275.80 Amendment 1275.ILLUSTRATION A New Section

4) Statutory Authority: Implementing the Illinois Landscape Architecture Act of 1989 [225 ILCS 315] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15(7)]

5) Effective Date of Rulemaking: October 18, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rulemaking, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Date Notice of Proposal published in the Illinois Register: June 21, 2013, at 37 Ill. Reg. 8103.

10) Has JCAR issued a Statement of Objection to this rulemaking: No

11) Differences between Proposal and Final Version: No substantive differences

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? Yes

13) Does this rulemaking replace any emergency rulemakings currently in effect? No

ILLINOIS REGISTER 16379 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: Public Act 96-730 was the sunset reauthorization of The Illinois Landscape Architecture Act of 1989. The adopted rulemaking implements various provisions of the Act including clarification of approved programs, experience, and changes of procedure to allow the National examination to be taken prior to submitting an application to the Division. Section 1275.65 was added to implement new continuing education requirements. The adopted rulemaking also includes the new requirement of a seal. The late fee for restoration of a non-renewed license has been increased from $20 to $50. Various other clean-up and technical changes have also been made.

16) Information and questions regarding this adopted rulemaking shall be directed to:

Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 3rd Floor Springfield, Illinois 62786

217/785-0813 Fax#: 217/557-4451

The full text of the Adopted Amendments begins on the next page:

ILLINOIS REGISTER 16380 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1275 THE ILLINOIS LANDSCAPE ARCHITECTURE ACT OF 1989

Section 1275.10 Application for Registration Under Section 11(e) of the Act (Grandfather) (Repealed) 1275.20 Approved Programs 1275.30 Experience 1275.40 Application for Licensure by Examination 1275.50 Examination 1275.60 Endorsement 1275.65 Continuing Education 1275.70 Renewal 1275.75 Fees 1275.80 Restoration 1275.90 Granting Variances 1275.ILLUSTRATION A Landscape Architect Seal Requirements

AUTHORITY: Implementing the Illinois Landscape Architecture Act of 1989 [225 ILCS 315] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15(7)].

SOURCE: Emergency rules adopted at 15 Ill. Reg. 3324, effective February 11, 1991, for a maximum of 150 days; adopted at 15 Ill. Reg. 10091, effective June 24, 1991; amended at 16 Ill. Reg. 10458, effective June 22, 1992; amended at 22 Ill. Reg. 10597, effective June 1, 1998; amended at 24 Ill. Reg. 619, effective December 31, 1999; amended at 30 Ill. Reg. 4646, effective March 2, 2006; amended at 37 Ill. Reg. 16378, effective October 18, 2013.

Section 1275.30 Experience

a) Verification, on forms provided by the Division, of 2 years of professional experience in landscape architecture practice as defined in Section 3(f) of the Act.

b) Satisfactory experience in the practice of landscape architecture shall include, but not be limited to:

ILLINOIS REGISTER 16381 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

1) Performing the duties of a landscape architectWork in a professionallandscape architect's office or work in the office or government agency under the direct supervision of a licensed landscape architect, professional engineer or licensed architect. Experience outside of Illinois must be under the direct supervision of a licensed landscape architect, professional engineer or licensed architect who is legally authorized to practice landscape architecture in the jurisdiction in which he or she is locatedwhere an architect or engineer is legally authorized to practice in the jurisdiction in which he or she is located;

2) Teaching landscape architecture in an approved program;

3) Conducting or participating in research in landscape architecture in an approved program as described in Section 1275.20.

c) All experience shall be under the direct supervision of a landscape architect, architect or engineer.

d) One year of experience credit is defined as full-time employment for 52 weeks with a minimum of 30 hours per week. An applicant shall not receive experience credit for overtime.

e) Part-time employment shall be counted as one-half week for each 15 hours of employment per week.

f) Employment with one employer of less than 2 months shall not be counted toward fulfillment of the experience requirement.

g) A master's degree in landscape architecture from an approved program shall be accepted in lieu of one year of practical experience.

(Source: Amended at 37 Ill. Reg. 16378, effective October 18, 2013)

Section 1275.40 Application for Licensure by Examination

a) An applicant for licensure as a landscape architectexamination shall file an application, on forms supplied by the Division, that includesat least 120 days prior to an examination date. The application shall include:

ILLINOIS REGISTER 16382 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

1) Certification of graduation from an approved landscape architecture program as set forth in Section 1275.20 of this Part;

2) Certification, on forms provided by the Division, of professional experience as set forth in Section 1275.30;

3) Certification, on forms provided by the Division, of successful completion of the examination as set forth in Section 1275.50;

2) A complete work history since graduation; and

43) The fees required by Section 1275.75 of this Part.

b) Any person who is currently registered in good standing in Illinois shall not be admitted to an examination in Illinois. However, in no way shall this limit the Division's ability to require reexamination for restoration or enforcement purposes.

c) If an applicant has been licensed in another state, certification, on forms provided by the Division, from the state or territory of the United States in which the applicant was originally licensed and the state in which the applicant predominantly practices and is currently licensed, stating:

1) The time during which the applicant was licensed;

2) Whether the file of the applicant contains any record of any disciplinary actions taken or pending; and

3) Examinations taken and examination scores received.

bd) In lieu of the certification required in subsectionssubsection (a)(1), (a)(2) and (a)(3), the Division shall accept certification from the Council of Landscape Architectural Registration Boards (CLARB) as long as the applicant meets the requirements for licensure under this Section.

(Source: Amended at 37 Ill. Reg. 16378, effective October 18, 2013)

Section 1275.50 Examination

ILLINOIS REGISTER 16383 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

a) The examination for licensureregistration as a landscape architect shall be CLARB'sthe Landscape Architect Registration Examination (L.A.R.E.) of the Council of Landscape Architectural Registration Boards or another examination approved by the Division. (The Uniform National Examination is known as the Landscape Architect Registration Examination.)

b) The passing score on the examination shall be the passing score established by the testing entity.

c) If an applicant fails to pass an examination for registration under the Act within three years after filing the application, the application shall be denied. However, such applicant may thereafter make a new application for examination, accompanied by the required fee, and meet the requirements for registration at the time of application.

d) The examination for licensure of a landscape architect shall be administered at least once a year.

(Source: Amended at 37 Ill. Reg. 16378, effective October 18, 2013)

Section 1275.60 Endorsement

a) An applicant for licensureregistration as a landscape architect who is licensedregistered under the laws of another state or territory of the United States shall file an application with the Division, on forms provided by the Division, that includes:

1) Certification, on forms provided by the Division, of a landscape architecture degree from a program approved by the Division in accordance with Section 1275.20 of this Part;

2) Certification, on forms provided by the Division, of professional experience as set forth in Section 1275.30 of this Part;

3) In lieu of the certifications required in subsections (a)(1) and (a)(2), the Division shall accept certification from the Council of Landscape Architectural Registration Boards;

ILLINOIS REGISTER 16384 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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34) Certification, on forms provided by the Division, from the state or territory of the United States, or foreign jurisdiction, in which the applicant was originally licensed and the state, territory or foreign jurisdiction in which the applicant predominantly practices and is currently licensed, stating:

A) The time during which the applicant was licensed;

B) Whether the file of the applicant contains any record of any disciplinary actions taken or pending; and

C) Examinations taken and examination scores received;

5) A complete work history; and

46) The required fee as set forth in Section 1275.75;.

5) In lieu of the certifications required by subsections (a)(1), (a)(2) and (a)(3), the Division shall accept certification from CLARB as long as the applicant meets the requirements for licensure under this Section.

b) The Division may require additional information to determine if the requirements in the state or territory were substantially equivalent to the requirements then in effect in Illinois at the time of application to determine whether the requirements of theanother state or territory, together with education and professional experience qualifications of the applicant, are substantially equivalent to the requirements in Illinois at the time of application. The Division, upon recommendation of the Board, shall determine substantial equivalency based on, but not limited to, certification from the CLARB; education, training, and experience, including, but not limited to, whether the applicant has achieved special honors or awards, has had articles published in professional journals, or has written textbooks relating to landscape architecture; and any other attribute the Director of the Department of Financial and Professional Regulation-Division of Professional Regulation (Director) accepts as evidence that the applicant has outstanding and proven ability in landscape architecture. The Division shall either issue a licenseregistration by endorsement to the applicant or notify the applicant in writing of the reasons for the denial of the application.

(Source: Amended at 37 Ill. Reg. 16378, effective October 18, 2013)

ILLINOIS REGISTER 16385 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

Section 1275.65 Continuing Education

a) Continuing Education

1) Beginning with the 2015 renewal (for the period from September 1, 2013 through August 31, 2015) and every renewal thereafter, in addition to other requirements, every applicant for licensure renewal as a landscape architect shall complete 24 credit hours of continuing education (CE) relevant to landscape architecture. Failure to comply with these requirements may result in non-renewal of the landscape architect's license, other disciplinary action, or both.

2) A prerenewal period is the 24 months preceding September 1 of each odd- numbered year.

3) A CE hour means a minimum of 50 minutes of instruction or participation. A CE program shall not be presented during a dinner or social function. The dinner or social function must be concluded before the CE program commences or be held after the CE program is completed. If the program involves one or more hours of education, credit may be issued in one-half hour increments.

4) A minimum of 20 CE hours shall be structured educational activities described in subsection (b)(1). Remaining hours may be fulfilled with any combination of structured educational activities and unstructured educational activities described in subsection (b)(2).

5) The Division shall conduct random audits to verify compliance with this Section.

6) A renewal applicant is not required to comply with CE requirements for the first renewal following the original issuance of the license.

7) Landscape architects licensed in Illinois but residing and practicing in other states must comply with the CE requirements set forth in this Section. The CE hours used to satisfy the CE requirements for renewal of a landscape architect license held in another jurisdiction may be applied to fulfillment of the CE requirements for renewal of the Illinois landscape architect license if they meet Illinois requirements.

ILLINOIS REGISTER 16386 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

8) Applicants are encouraged to emphasize health, safety and welfare subjects as outlined in The Practice of Landscape Architecture, A Study of the Activities and Knowledge Areas for the Licensed Landscape Architect, published by CLARB and also known as the CLARB "Task Analysis".

9) All CE credits must be in subjects directly related to the profession of landscape architecture and must be performed outside the normal practice of one's occupation. b) Activities for Which CE Credit May Be Earned

1) Structured Educational Activities (minimum of 20 hours)

A) CLARB and American Society of Landscape Architects (ASLA) endorsed seminars.

B) Seminars endorsed by professional organizations related to landscape architecture.

C) Courses offered by a college or university related to landscape architecture.

i) Per Credit hour (Quarter system): 10 CEs;

ii) Per Credit hour (Semester system): 15 CEs.

D) Self-study courses presented by correspondence, internet, television, video or audio, ending with an examination or other verification process. The CE credit acquired for this activity shall be as recommended by the program sponsor.

2) Unstructured Credit Hours (maximum of 4 hours)

A) Teaching or instructing a course or seminar related to landscape architecture for the first time only. Two hours of CE will be earned for every hour of teaching or instructing. This does not apply to faculty in the performance of their regularly assigned duties.

ILLINOIS REGISTER 16387 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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B) Authoring papers or articles related to landscape architecture that appear in nationally circulated publications, journals or trade magazines or presented to a university, professional society or organization. Four hours of CE will be earned per paper or presentation, but not both.

C) Active participation on a committee or holding an office in a professional or technical society related to landscape architecture. Two hours of CE will be awarded per committee membership or office held. c) The Division shall not pre-approve individual courses or programs. d) It shall be the responsibility of a licensee to maintain a record of CE for 4 years that includes, but is not limited, to the following:

1) The name and address of the sponsor or provider, the number of hours attended in each program, the date and place of the program, and a certificate of attendance; or

2) A log of activities that includes the date and number of hours claimed as CE, a brief statement of the subject matter, printed program schedules, registration receipts, or other proof of participation. e) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsection (a).

2) The Division may require additional evidence demonstrating compliance with the CE requirements. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance. The additional evidence will be required in the context of the Division's random audit.

3) When there appears to be a lack of compliance with CE requirements, an applicant will be notified and may be required to interview with the Board, at which time the Board may recommend that steps be taken to begin

ILLINOIS REGISTER 16388 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65]. f) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application, along with the required fee set forth in Section 1275.75, a statement setting forth the facts concerning noncompliance, and request for waiver of the CE requirements on the basis of these facts. A request for waiver shall be made prior to the renewal date. If the Division, upon the written recommendation of the Board, finds from the affidavit or any other evidence submitted that extreme hardship has been shown for granting a waiver, the Division shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.

2) Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

A) Full-time service in the armed forces of the United States of America during a substantial part of the prerenewal period;

B) An incapacitating illness documented by a statement from a currently licensed physician; or

C) Any other similar extenuating circumstances.

3) Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this subsection (f) shall be deemed to be in good standing until the final decision on the application is made by the Division.

4) Any renewal applicant who submits a request for waiver that is denied may then request his or her license be placed on inactive status. The applicant shall comply with the CE requirements prior to restoration of the license from inactive status, in accordance with Section 1275.80.

(Source: Added at 37 Ill. Reg. 16378, effective October 18, 2013)

ILLINOIS REGISTER 16389 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

Section 1275.70 Renewal

a) Every license issued under the Act shall expire on August 31 of odd-numbered years. The holder of a licenseregistration may renew thesuch registration during the month preceding itsthe expiration date thereof by paying the required fee and meeting the requirements of Section 1275.65.

b) It is the responsibility of each licenseeregistrant to notify the Division of any change of address. Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee or to renew one's licenseregistration.

(Source: Amended at 37 Ill. Reg. 16378, effective October 18, 2013)

Section 1275.75 Fees

The following fees mayshall be paid to the Division and are not refundable:

a) Application Fees. The fee for application for a licensecertificate of registration as a landscape architect is $100. In addition, applicants for an examination shall be required to pay, either to the Division or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Division or the designated testing service, shall result in the forfeiture of the examination fee.

b) Renewal Fees. The fee for the renewal of a licensecertificate shall be calculated at the rate of $30 per year.

c) General Fees.

1) The fee for the restoration of a licensecertificate other than from inactive status is $50$20 plus payment of all lapsed renewal fees, not to exceed $230$200.

2) The fee for the issuance of a duplicate licensecertificate, for the issuance of a replacement licensecertificate for a licensecertificate that has been lost

ILLINOIS REGISTER 16390 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

or destroyed or for the issuance of a licensecertificate with a change of name or address, other than during the renewal period, is $20. No fee is required for name and address changes on Division records when no duplicate licensecertificate is issued.

3) The fee for a certification of a licensee'sregistrant's record for any purpose is $20.

4) The fee to have the scoring of an examination authorized by the Division reviewed and verified is $20 plus any fees charged by the applicable testing service.

45) The fee for a wall certificate showing licensureregistration shall be the actual cost of producing the certificate.

56) The fee for a roster of persons licensedregistered as landscape architects in this State shall be the actual cost of producing the roster.

(Source: Amended at 37 Ill. Reg. 16378, effective October 18, 2013)

Section 1275.80 Restoration

a) A person seeking restoration of a license thatwhich has expired or been on inactive status for less than five years, or has been placed on nonrenewed status for failure to comply with CE requirements, shall file an application on forms provided by the Division, together with the following:have the license restored upon payment of $20 plus all lapsed renewal fees, as set forth in Section 1275.75.

1) The restoration fees specified in Section 1275.75. When restoring a license from inactive status, a person is required to pay the current renewal fee set forth in Section 1275.75; and

2) Proof of completion of the required number of CE hours completed in accordance with Section 1275.65 within 2 years prior to application.

b) A person seeking restoration of a license which has been placed on inactive status for less than five years shall have the license restored upon payment of the renewal fee as set forth in Section 1275.75.

ILLINOIS REGISTER 16391 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS bc) A person seeking restoration of a license after it has expired or been placed on inactive status for more than five years shall file an application, on forms supplied by the Division, together with the followingfee required by Section 1275.75 and may be scheduled for an interview before the Board. The person shall also submit either:

1) The restoration fees specified in Section 1275.75. When restoring a license from inactive status, a person is required to pay the current renewal fee set forth in Section 1275.75;

2) Proof of completion of the required number of CE hours completed in accordance with Section 1275.65 within 2 years prior to application; and

3) One of the following:

A1) Certification of active practice in another jurisdiction. TheSuch certification shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of thesaid active practice; or

B2) An affidavit attesting to military service as provided in Section 12 of the Act; or

C3) Proof of passage of the L.A.R.E. examination during the period the license was lapsed or on inactive status;.

D) Proof of employment in a responsible capacity under the direct supervision and control of a licensed landscape architect, architect or engineer.

d) Any person seeking restoration of a license within 2 years after discharge from military service pursuant to Section 12 of the Act will be required to pay only the current renewal.

e) When the accuracy of any submitted documentation or the relevance or sufficiency of the coursework or experience is questioned by the Division or the Board because of lack of information, discrepancies or conflicts in information given or a need for clarification, the person seeking restoration of a license shall be requested to:

ILLINOIS REGISTER 16392 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

1) Provide such information as may be necessary; and/or

2) Appear for an interview before the Board to explain thesuch relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information. Upon the recommendation of the Board and approval by the Division, an applicant shall have the license restored.

(Source: Amended at 37 Ill. Reg. 16378, effective October 18, 2013)

ILLINOIS REGISTER 16393 13 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

NOTICE OF ADOPTED AMENDMENTS

Section 1275.ILLUSTRATION A Landscape Architect Seal Requirements

a) Every licensed landscape architect shall have a reproducible seal, or facsimile, the impression of which shall contain the name of the landscape architect, the license number, and words "Landscape Architect, State of Illinois". Plans, specifications and reports related to landscape architectural practice and prepared by the landscape architect, or under his or her supervision, shall be stamped with his or her seal when filed. A landscape architect's license must be in full force and effect in order to seal documents. The seal, signature and dates may be electronically affixed.

b) The following is a suggested facsimile of the design and lettering of the seal:

______signature

date

expires 8-31-

(Source: Added at 37 Ill. Reg. 16378, effective October 18, 2013)

ILLINOIS REGISTER 16394 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Rabbit Hunting

2) Code Citation: 17 Ill. Adm. Code 530

3) Section Numbers: Adopted Action: 530.20 Amendment 530.80 Amendment 530.95 Amendment 530.110 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2, 2.6, 2.7, 2.13, 2.27, 2.30, 2.33, 3.5, 3.27, 3.28 and 3.29 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.13, 2.1, 2.2, 2.6, 2.7, 2.13, 2.27, 2.30, 2.33, 3.5, 3.27, 3.28 and 3.29]

5) Effective Date of Rulemaking: October 3, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rulemaking, including all material incorporated by reference is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: June 14 2013, 37 Ill. Reg. 7892

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version:

In Section 530.80(d)(4), "At Chain O’Lakes State Park, Horseshoe Lake State Park (Madison County), Ramsey Lake State Park and Silver Springs State Park” has been stricken; "hunters” has been stricken and replaced with "Hunters"; "2 pheasant permit - $30 residents and $35 non residents; 3 pheasant permit - $40; 4 pheasant permit - $50" has been stricken; the following language has been added after (d)(4):

"Chain O'Lakes State Park − $33 per 2-pheasant permit for residents and $35 per 2-pheasant permit for non-residents; $44 per 3-pheasant permit; $55 per 4-

ILLINOIS REGISTER 16395 13 DEPARTMENT OF NATURAL RESOURCES

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pheasant permit. Two 2-pheasant permits can be hunted at the site per day. Horseshoe Lake State Park (Madison County) - $33 per 2-pheasant permit for residents, $35 per 2-pheasant permit for non-residents and $32 for standbys paying at the site; $44 per 3-pheasant permit and $43 for standby hunters paying at the site; $55 per 4-pheasant permit and %54 for standby hunters paying at the site.

Ramsey Lake State Park − $33 per 2-pheasant permit for residents, $35 per 2- pheasant permit for non-residents and $32 for standby hunters paying at the site; $44 per 3-pheasant permit and $43 for standby hunters paying at the site; $55 per 4-pheasant permit and $54 for standby hunters paying at the site.

Silver Springs State Park − $33 per 2-pheasant permit for residents and $35 per 2- pheasant permit for non-residents; $44 per 3-pheasant permit; $55 per 4-pheasant permit."

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? Yes

13) Will this rulemaking replace an emergency rulemaking currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: This Part is being amended to make statewide program changes, open and close State-owned or –managed sites, and amend procedures at state sites.

16) Information and questions regarding this adopted rulemaking shall be directed to:

Nick San Diego, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

The full text of the Adopted Amendments begins on the next page:

ILLINOIS REGISTER 16396 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 530 COCK PHEASANT, HUNGARIAN PARTRIDGE, BOBWHITE QUAIL, AND RABBIT HUNTING

Section 530.10 Statewide General Regulations 530.20 Statewide Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Cottontail and Swamp Rabbit Regulations 530.30 Statewide Hungarian Partridge Regulations (Repealed) 530.40 Statewide Bobwhite Quail Regulations (Repealed) 530.50 Statewide Rabbit Regulations (Repealed) 530.60 Statewide Crow Regulations (Repealed) 530.70 Permit Requirements for Fee Hunting of Pheasant, Quail and Rabbit at Controlled Permit Hunting Sites 530.80 Regulations for Fee Hunting of Pheasant, Quail and Rabbit at Controlled Permit Hunting Sites 530.85 Youth Pheasant Hunting Permit Requirements 530.90 Illinois Youth Pheasant Hunting Sites Permit Requirements (Repealed) 530.95 Youth Pheasant Hunting Regulations 530.100 Illinois Youth Pheasant Hunting Regulations (Repealed) 530.105 Regulations for Fee Hunting of Pheasant, Hungarian Partridge, Quail and Rabbit at Controlled Daily Drawing Pheasant Hunting Sites (Repealed) 530.110 Regulations for Non-Fee Hunting of Cock Pheasant, Hungarian Partridge, Quail, and Rabbit at Various Department-Owned or -Managed Sites 530.115 Regulations for Hunting by Falconry Methods at Various Department-Owned or -Managed Sites 530.120 Regulations for Hunting Crow at Various Department-Owned or -Managed Sites (Repealed)

AUTHORITY: Implementing and authorized by Sections 1.3, 1.4, 1.13, 2.1, 2.2, 2.6, 2.7, 2.13, 2.27, 2.30, 2.33, 3.5, 3.27, 3.28 and 3.29 of the Wildlife Code [520 ILCS 5/1.3, 1.4, 1.13, 2.1, 2.2, 2.6, 2.7, 2.13, 2.27, 2.30, 2.33, 3.5, 3.27, 3.28 and 3.29].

SOURCE: Adopted at 5 Ill. Reg. 8777, effective August 25, 1981; codified at 5 Ill. Reg. 10634; amended at 6 Ill. Reg. 10667, effective August 20, 1982; amended at 7 Ill. Reg. 10755, effective

ILLINOIS REGISTER 16397 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

August 24, 1983; amended at 8 Ill. Reg. 21574, effective October 23, 1984; amended at 9 Ill. Reg. 15846, effective October 8, 1985; amended at 10 Ill. Reg. 15579, effective September 16, 1986; emergency amendment at 10 Ill. Reg. 18822, effective October 16, 1986, for a maximum of 150 days; emergency expired March 15, 1987; amended at 11 Ill. Reg. 10546, effective May 21, 1987; amended at 12 Ill. Reg. 12016, effective July 7, 1988; amended at 13 Ill. Reg. 12796, effective July 21, 1989; emergency amendment at 13 Ill. Reg. 12985, effective July 31, 1989, for a maximum of 150 days; emergency expired December 28, 1989; amended at 13 Ill. Reg. 17348, effective October 27, 1989; amended at 14 Ill. Reg. 10775, effective June 20, 1990; emergency amendment at 14 Ill. Reg. 18324, effective October 29, 1990, for a maximum of 150 days; emergency expired March 28, 1991; amended at 15 Ill. Reg. 9924, effective June 24, 1991; emergency amendment at 15 Ill. Reg. 16124, effective October 25, 1991, for a maximum of 150 days; emergency expired March 23, 1992; amended at 15 Ill. Reg. 18138, effective December 6, 1991; amended at 16 Ill. Reg. 12470, effective July 28, 1992; amended at 16 Ill. Reg. 18951, effective December 1, 1992; amended at 17 Ill. Reg. 15534, effective September 10, 1993; amended at 18 Ill. Reg. 12628, effective August 9, 1994; amended at 19 Ill. Reg. 12615, effective August 29, 1995; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 20 Ill. Reg. 12397, effective August 30, 1996; amended at 21 Ill. Reg. 9042, effective June 26, 1997; amended at 22 Ill. Reg. 14762, effective August 3, 1998; amended at 23 Ill. Reg. 9012, effective July 28, 1999; amended at 24 Ill. Reg. 12496, effective August 7, 2000; amended at 25 Ill. Reg. 11119, effective August 21, 2001; amended at 26 Ill. Reg. 16210, effective October 18, 2002; amended at 27 Ill. Reg. 15381, effective September 18, 2003; amended at 28 Ill. Reg. 12835, effective September 1, 2004; amended at 29 Ill. Reg. 13813, effective August 26, 2005; amended at 30 Ill. Reg. 14478, effective August 24, 2006; amended at 31 Ill. Reg. 9175, effective June 18, 2007; amended at 32 Ill. Reg. 17455, effective October 24, 2008; amended at 33 Ill. Reg. 13871, effective September 21, 2009; amended at 34 Ill. Reg. 16429, effective October 8, 2010; amended at 35 Ill. Reg. 15212, effective September 2, 2011; amended at 36 Ill. Reg. 14704, effective September 21, 2012; amended at 37 Ill. Reg. 16394, effective October 3, 2013.

Section 530.20 Statewide Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Cottontail and Swamp Rabbit Regulations

a) Zones: South zone consists of all lands south of the line that follows U.S. Route 36 from the Indiana State line to Springfield, all lands west of the line that follows Route 29 from Springfield to Pekin and all lands south of the line that follows Route 9 from Pekin to Dallas City, then due west to the Mississippi River; north zone is the remainder of the State.

b) Season dates:

ILLINOIS REGISTER 16398 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) North (all species except rabbits) – first Saturday in November through the next following January 8.

South (all species except rabbits) – first Saturday in November through the next following January 15.

Rabbits statewideSouth (rabbits) – the first Saturday in November through the next following February 15January 22.

2) Hunting outside the set season dates is a petty offense. c) Hunting hours: Sunrise until sunset. Hunting prior to sunrise or after sunset is a petty offense (see 520 ILCS 5/2.2). Hunting before ½ hour prior to sunrise or after ½ hour after sunset is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine in addition to other statutory penalties (see 520 ILCS 5/2.33(y)). d) Daily limit:

1) Cock Pheasantpheasant – 2 (see 520 ILCS 5/2.6)

Bobwhite Quail – 8 (see 520 ILCS 5/2.7

Hungarian Partridge – 2 (see 520 ILCS 5/2.13)

Rabbit – 4 (see 520 ILCS 5/2.27)

2) Exceeding the daily limit is a petty offense. e) Possession limit (after the second day of the hunting season):

1) Cock Pheasant – 6 (see 520 ILCS 5/2.6)

Bobwhite Quail – 20 (see 520 ILCS 5/2.7)

Hungarian Partridge – 6 (see 520 ILCS 5/2.13)

Rabbit – 10 (see 520 ILCS 5/2.27)

ILLINOIS REGISTER 16399 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

2) Exceeding the possession limit is a petty offense.

f) Cock pheasant may be hunted only; hen pheasants are illegal to take or possess, except as specified on controlled hunting areas operated pursuant to Sections 1.13 or 3.27 of the Wildlife Code [520 ILCS 5/1.13 or 3.27] or at sites listed in Section 530.105 and as provided for on designated sites in Section 530.110, and by falconry methods as described in 17 Ill. Adm. Code 1590, Falconry and the Captive Propagation of Raptors. Illegal taking of hen pheasants is a petty offense (see 520 ILCS 5/2.6).

(Source: Amended at 37 Ill. Reg. 16394, effective October 3, 2013)

Section 530.80 Regulations for Fee Hunting of Pheasant, Quail and Rabbit at Controlled Permit Hunting Sites

a) Hunting Seasons:

1) The following controlled pheasant hunting areas shall be closed to pheasant permit hunting on every Monday and Tuesday during the controlled hunting season (except as provided in subsection (a)(4)) and on December 25.

Chain O'Lakes State Park

Des Plaines State Conservation Area

Eldon Hazlet State Park (Carlyle Lake)

Horseshoe Lake State Park – Madison County

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit

Johnson-Sauk Trail State Park

Kankakee River State Park

ILLINOIS REGISTER 16400 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Moraine View State Park

Ramsey Lake State Park

Sand Ridge State Forest

Silver Springs State Park

Wayne Fitzgerrell State Park (Rend Lake)

2) The following controlled pheasant hunting areas are open to the Illinois Youth Pheasant Hunting Program only on the first Saturday following the opening of the statewide upland game seasonSunday of the site's controlled pheasant hunting season.

Chain O'Lakes State Park

Des Plaines State Conservation Area

Eldon Hazlet State Park (Carlyle Lake)

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit

Johnson-Sauk Trail State Park

Lee County State Conservation Area (Green River State Wildlife Area)

Moraine View State Park

Sand Ridge State Forest

Wayne Fitzgerrell State Park (Rend Lake)

3) The controlled hunting season on the Lee County State Conservation Area

ILLINOIS REGISTER 16401 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

(Green River) is each Friday through Sunday beginning with the Friday before the opening of the statewide upland game season through the seventh Sunday following (closed during the November and December firearm deer seasons).

4) Controlled pheasant hunting seasons are listed below; exceptions are in parentheses; with written authorization from the Director, captive-reared game bird hunting may be scheduled during the season authorized by statute (see 520 ILCS 5/2.6) on the following DNR operated areas:

Chain O'Lakes State Park (closed during the November 3-day firearm deer huntingseason) – the Wednesday before the first Saturday in November through the seventh Sunday following

Des Plaines State Conservation Area (closed during the November 3-day firearm deer huntingseason), Iroquois County State Conservation Area (closed during the November 3-day firearm deer huntingseason) and Moraine View State Park – the Wednesday before the first Saturday of November through the ninth Sunday following

Eldon Hazlet State Park and Wayne Fitzgerrell State Park – the Wednesday following the first Saturday of November through the ninth Sunday following

Horseshoe Lake State Park − Madison County (closed New Year's Day) – the second Wednesday of December or the first hunting day after the close of the central zone duck season, whichever occurs first, through the next following January 31

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit (closed during the November and December firearm deer huntingseasons), Johnson-Sauk Trail State Park (closed New Year's Day), Kankakee River State Park (closed New Year's Day), Ramsey Lake State Park (closed on Wednesdays, Thursdays and Fridays during the first and second weeks after the opening date of upland game season, Saturday and Sunday during the first firearm deer season, Wednesdays and Thursdays thereafter, and New Year's Day), Sand Ridge State Forest – season dates are those

ILLINOIS REGISTER 16402 13 DEPARTMENT OF NATURAL RESOURCES

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specified in Section 530.20

Silver Springs State Park (closed New Year's Day) – the third Saturday of October through the next following January 8 b) Hunting hours are listed below. On Thanksgiving Day, hunting hours are 9:00 a.m.-1:00 p.m. Hunters with reservations are required to check in at the check station on the following sites at the listed times. Hunters with reservations that check in after the required check-in time may not be allowed to hunt if the site hunter quota has been filled.

Site Name Check-In Times Hunting Hours

Chain O'Lakes State Park 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m.

Des Plaines State 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m. Conservation Area

Eldon Hazlet State Park 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m. (Carlyle Lake)

Horseshoe Lake State 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m. Park (Madison County)

Iroquois County State 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m. Conservation Area

Jim Edgar Panther Creek 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m. State Fish and Wildlife Area (Controlled Unit)

Johnson-Sauk Trail State 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m. Park

Kankakee River State 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m. Park

Lee County State 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m.

ILLINOIS REGISTER 16403 13 DEPARTMENT OF NATURAL RESOURCES

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Conservation Area (Green River State Wildlife Area)

Moraine View State Park 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m.

Ramsey Lake State Park 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m.

Sand Ridge State Forest 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m.

Silver Springs State Park 8:00-8:30 a.m. 9:00 a.m.-4:00 p.m.

Wayne Fitzgerrell State 7:00-8:00 a.m. 9:00 a.m.-4:00 p.m. Park (Rend Lake) c) Except for Standing Vehicle Permittees with a Disabled Controlled Pheasant Hunting Permit, during the controlled pheasant hunting season when daily quotas are not filled, permits shall be issued by drawing held at the conclusion of check- in time and if daily quotas remain unfilled at the conclusion of the drawing, on a first come-first served basis until 12:00 noon unless an earlier time is posted at the site's hunter check station at the following sites:

Des Plaines State Conservation Area

Eldon Hazlet State Park

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area

Johnson-Sauk Trail State Park

Lee County State Conservation Area (Green River)

Kankakee River State Park

Moraine View State Park

Sand Ridge State Forest

ILLINOIS REGISTER 16404 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Wayne Fitzgerrell State Park d) Hunting licenses, daily "Public Hunting Grounds for Pheasants" fees and hunting permit fees collected by public/private partnership area concessionaire:

1) Depending on the availability of staff during the controlled pheasant hunting season, hunters may be required to deposit their hunting license in the check station while hunting. Persons exempt by law from having a hunting license must deposit their Firearm Owner's Identification Card. If they are under 21 years old and do not have a card, they must be accompanied by a parent, legal guardian or a person in loco parentis who has a valid card in possession.

2) Pursuant to 520 ILCS 5/1.13, at Lee County State Conservation Area (Green River), hunters must pay the following daily Public Hunting Grounds for Pheasants fee to the Department prior to hunting: $30 residents; $35 non-residents. On the Sunday following Thanksgiving Day, hunters under 16 are not required to pay the daily Public Hunting Grounds for Pheasants fee.

3) Pursuant to 520 ILCS 5/1.13, at Des Plaines State Conservation Area, Iroquois County State Conservation Area, Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit, Johnson-Sauk Trail State Park, Kankakee River State Park, Moraine View State Park, Eldon Hazlet State Park (Carlyle Lake), Wayne Fitzgerrell State Park and Sand Ridge State Forest, hunters must pay the following daily Public Hunting Grounds for Pheasants fee to the Department prior to hunting: $30 residents; $35 non- residents. On the Sunday following Thanksgiving Day and the SaturdayFriday between Christmas Day and New Year's Day, hunters under 16 are not required to pay the daily Public Hunting Grounds for Pheasants fee.

4) At Chain O'Lakes State Park, Horseshoe Lake State Park (Madison County), Ramsey Lake State Park and Silver Springs State Park, hunters Hunters must pay the following hunting permit fees to be collected by the public/private partnership area concessionaire under the terms of a Controlled Pheasant Hunting Agreement with the Department prior to hunting: 2 pheasant permit − $30 residents and $35 non-residents; 3

ILLINOIS REGISTER 16405 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

pheasant permit − $40; 4 pheasant permit − $50. On days requested by the concessionaire and authorized by the Department, hunters under 16 are not required to pay a hunting permit fee.

Chain O'Lakes State Park − $33 per 2-pheasant permit for residents and $35 per 2-pheasant permit for non-residents; $44 per 3-pheasant permit; $55 per 4-pheasant permit. Two 2-pheasant permits can be hunted at the site per day.

Horseshoe Lake State Park (Madison County) − $33 per 2- pheasant permit for residents, $35 per 2-pheasant permit for non- residents and $32 for standbys paying at the site; $44 per 3- pheasant permit and $43 for standby hunters paying at the site; $55 per 4-pheasant permit and $54 for standby hunters paying at the site.

Ramsey Lake State Park − $33 per 2-pheasant permit for residents, $35 per 2-pheasant permit for non-residents and $32 for standby hunters paying at the site; $44 per 3-pheasant permit and $43 for standby hunters paying at the site; $55 per 4-pheasant permit and $54 for standby hunters paying at the site.

Silver Springs State Park − $33 per 2-pheasant permit for residents and $35 per 2-pheasant permit for non-residents; $44 per 3- pheasant permit; $55 per 4-pheasant permit. e) During the controlled pheasant hunting season, hunters must wear a back patch issued by the check station. f) Anyone who has killed game previously and has it in possession or in their vehicle must declare it with the person in charge of the area during check-in. All game found in a hunter's possession after hunting has started on the area shall be considered illegally taken if the hunter has not declared it prior to going afield. g) All hunting must be done with shotguns or bow and arrow. Only shot shells with a shot size of No. 5 lead or a non-toxic shot size ballistically equivalent to No. 5 lead or smaller may be used, except at Chain O' Lakes State Park, Johnson-Sauk Trail State Park, Lee County Conservation Area (Green River), Wayne Fitzgerrell State Park and Eldon Hazlet State Park where only nontoxic shot approved by the

ILLINOIS REGISTER 16406 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

U.S. Fish and Wildlife Service may be possessed and only shot shells with a shot size ballistically equivalent to No. 5 lead or smaller may be used or in possession. Flu flu arrows only may be used or in possession by bow and arrow hunters. h) Non-hunters are not allowed in the field, except at special hunts publicly announced by the Department where non-hunters authorized by the Department shall be allowed in the field, and except for operators of Department conveyances and Standing Vehicle Permittees and a single dog handler for the Permittee. i) Hunters under 16 years of age must be accompanied by an adult hunter. j) Daily limits − On the following areas, a permit authorizes the harvest of 2 pheasants of either sex per hunter; exceptions are in parentheses. With written authorization from the Director, the Department may issue more than one permit to a hunter and the limits provided for in 520 ILCS 5/3.28 shall apply:

Chain O'Lakes State Park (two 2 pheasant permits or one 3 or 4 pheasant permit per hunter each day)

Des Plaines State Conservation Area

Eldon Hazlet State Park

Lee County State Conservation Area (2 cock pheasants per permit hunter)

Horseshoe Lake State Park-Madison County (two 2 pheasant permits or one 3 or 4 pheasant permit per hunter each day; additionally, first day only, 4 quail and 2 rabbits per hunter)

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area (additionally, 8 bobwhite quail opening day through the Sunday following Thanksgiving Day and 4 rabbits per hunter)

Johnson-Sauk Trail State Park (additionally, 8 bobwhite quail, 2 Hungarian partridge and 4 rabbits per hunter)

Kankakee River State Park (additionally, 8 bobwhite quail and 4 rabbits

ILLINOIS REGISTER 16407 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

per hunter)

Moraine View State Park

Ramsey Lake State Park (two 2 pheasant permits or one 3 or 4 pheasant permit per hunter each day; additionally, 8 bobwhite quail and 4 rabbits per hunter)

Sand Ridge State Forest (additionally, 8 bobwhite quail and 4 rabbits per hunter)

Silver Springs State Park (two 2 pheasant permits or one 3 or 4 pheasant permit per hunter each day)

Wayne Fitzgerrell State Park k) Tagging of birds. During the controlled pheasant hunting season, all pheasants must be affixed with a Department tag before they are removed from the area during the controlled pheasant hunting season. The tag must remain on the leg of the pheasants until the pheasants are finally prepared for consumption. l) During the controlled pheasant hunting season, hunters may not leave the confines of any permit area and return to hunt on the permit area during the same day. m) Any person who violates any provision of this Part or 17 Ill. Adm. Code 510.10(c)(1), (4) and (6) or 510.10(d)(7) or Section 2.33(n), (x) or (z) of the Wildlife Code [520 ILCS 5/2.33(n), (x) or (z)] shall be subject to arrest and/or removal from the premises for the remainder of the controlled pheasant hunting season under applicable statutes including 720 ILCS 5/21-5, Criminal Trespass to State Supported Land. Hunters may request a hearing within 10 days after the citation by written request addressed to: Legal Division, Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271. Such hearing shall be governed by the provisions of 17 Ill. Adm. Code 2530. n) Violation of a site regulation is a petty offense (see 520 ILCS 5/2.6, 2.7, 2.13 or 2.27).

(Source: Amended at 37 Ill. Reg. 16394, effective October 3, 2013)

ILLINOIS REGISTER 16408 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Section 530.95 Youth Pheasant Hunting Regulations

a) At the following sites, the Illinois Youth Pheasant Hunt will be held on:

1) the Saturday preceding the opening of the statewide upland game season:

Clinton Lake State Recreation Area

Mackinaw River State Fish and Wildlife Area

2) the SaturdaySunday following the opening of the statewide upland game season:

Chain O'Lakes State Park

Des Plaines State Conservation Area

Eldon Hazlet State Park (Carlyle Lake)

Edward R. Madigan State Park

Lee County State Conservation Area (Green River)

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit

Johnson-Sauk Trail State Park

Moraine View State Park

Sand Ridge State Forest

Sangchris Lake State Park

Wayne Fitzgerell State Park (Rend Lake)

ILLINOIS REGISTER 16409 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

3) the second Sunday following the opening of the statewide upland game season:

Eldon Hazlet State Park (Carlyle Lake)

Horseshoe Lake State Park (Madison County)

Wayne Fitzgerell State Park (Rend Lake)

4) the Saturday two weeks before the opening of the statewide upland game season:

World Shooting and Recreational Complex

5) one of the last two Saturdays of October or the first two Sundays of November 2012. As an option to the fall date or an addition to the fall date, a youth hunt may be scheduled for the first Saturday of March 2013. When the hunt date is determined, it will be listed on the DNR website at www.dnr.illinois.gov:

Pere Marquette State Park/Mississippi River Area – Pool 26 State Fish and Wildlife Area b) Hunting hours are from 9:00 a.m. to 4:00 p.m., except at Sangchris Lake hunting hours are from 11:00 a.m. to 4:00 p.m., and except at Pere Marquette State Park/Mississippi River Area – Pool 26 State Fish and Wildlife Area and the World Shooting and Recreational Complex hunting hours are from 1:00 p.m. to 4:00 p.m. Hunters with reservations or permits are required to check in at the check station between 7:00 and 8:00 a.m. (between 10:00 and 10:30 a.m. at Sangchris Lake State Park). c) All hunters must be between the ages of 10-15 inclusive and have a youth hunting permit. Stand-by permits shall be issued by drawing held at the conclusion of check-in time when daily quotas are not filled. Hunters under age 16 are not required to pay a daily fee. d) Depending on the availability of staff during the controlled pheasant hunting season, hunters may be required to deposit their hunting licenses in the check station while hunting. Each permit holder must be accompanied by a non-hunting

ILLINOIS REGISTER 16410 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

supervisory adult. If the hunter does not have a valid Firearm Owner's Identification (FOID) card, the supervisory adult is required to have a valid FOID card. Only one supervisory adult in a hunting party is required to have a valid FOID card if the hunters in the hunting party stay under the immediate control (accompany youth hunter at all times) of the supervisory adult possessing the valid FOID card. The supervising adult shall be criminally liable for the actions of the youth in the hunting party and shall be subject to the criminal penalties provided by law. e) Supervising adults are required to wear a cap and upper outer garment of solid and vivid blaze orange of a least 400 square inches. Hunters must wear a back patch issued by the check station. f) Persons who have killed game previously and have it in their possession or in their vehicle must declare it with the person in charge of the area prior to hunting on the area. All previously killed game found in a hunter's possession after hunting has started on the area will be considered illegally taken if the hunter has not declared it prior to going afield. g) All hunting must be done with shotguns. Only shot shells with a shot size of #5 lead or a nontoxic shot size ballistically equivalent to No. 5 lead or smaller may be used, except at Chain O'Lakes State Park, Eldon Hazlet State Park, Johnson- Sauk Trail State Park, Lee County Conservation Area (Green River) and Wayne Fitzgerrell State Park where only shot shells approved as nontoxic by the U.S. Fish and Wildlife Service with a shot size ballistically equivalent to No. 5 lead or smaller may be used. h) Daily Limit

1) Two pheasants of either sex at Chain O'Lakes State Park, Des Plaines State Conservation Area, Eldon Hazlet State Park, Iroquois County State Conservation Area, Horseshoe Lake State Park (Madison County), Johnson-Sauk Trail State Park, Moraine View State Park, Pere Marquette State Park/Mississippi River Area – Pool 26 State Fish and Wildlife Area, Sand Ridge State Forest, Wayne Fitzgerrell State Park and the World Shooting and Recreational Complex.

ILLINOIS REGISTER 16411 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

2) Two cock pheasants only at Clinton Lake State Recreation Area, Lee County State Conservation Area (Green River) and Mackinaw River State Fish and Wildlife Area.

3) Statewide upland game limits at Sangchris Lake State Park and Edward R. Madigan State Park.

4) Two pheasants of either sex, eight quail and four rabbits at Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit.

i) All pheasants must be affixed with a Department tag before they are removed from the area. The tag must remain on the leg of the pheasants until the pheasants are finally prepared for consumption.

j) Violation of this Section is a petty offense (see 520 ILCS 5/2.6).

(Source: Amended at 37 Ill. Reg. 16394, effective October 3, 2013)

Section 530.110 Regulations for Non-Fee Hunting of Cock Pheasant, Hungarian Partridge, Quail, and Rabbit at Various Department-Owned or -Managed Sites

a) General Site Regulations

1) All regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping – apply in this Section, unless this Section is more restrictive.

2) Only flu flu arrows may be used by bow and arrow hunters; broadheads are not allowed.

3) On sites that are indicated by (1), hunters must check in and/or sign out as provided for in 17 Ill. Adm. Code 510. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (5).

4) On sites that are indicated by (2), only nontoxic shot approved by the U.S. Fish and Wildlife Service of size #3 steel or #5 bismuth shot or smaller may be used or possessed with a shot size of #3 steel or tin, #4 bismuth, #5 tungsten-iron, tungsten-polymer, tungsten-matrix or smaller may be used.

ILLINOIS REGISTER 16412 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

5) Site specific rules or exceptions are noted in parentheses after each site. b) Site Specific Regulations

1) Statewide regulations apply at the following sites:

Alvah Borah State Habitat Area (5)

Anderson Lake State Conservation Area (1)

Apple River Canyon State Park – Salem and Thompson Units (rabbits only; closed during firearm deer huntingseason) (51)

Argyle Lake State Park (closed during firearm deer huntingseason) (51)

Banner Marsh State Fish and Wildlife Area (opens the day after the close of the central zone duck season) (1)

Big Bend State Fish and Wildlife Area (hunting for bobwhite quail will terminate at the close of legal shooting hours on December 14) (1)

Big River State Forest (closed during firearm deer huntingseason) (51)

Cache River State Natural Area (1)

Campbell Pond State Wildlife Management Area (5)

Cape Bend State Fish and Wildlife Area (1)

Carlyle Lake State Lands and Waters (Corps of Engineers Managed Lands)

Carlyle Lake State Fish and Wildlife Management Area (subimpoundment area closed 7 days prior to and during the southern zone waterfowl season) (5)

ILLINOIS REGISTER 16413 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Chauncey Marsh State Natural Area (5)

Clinton Lake State Recreation Area (4:00 p.m. daily closing) (5)

Crawford County State Fish and WildlifeConservation Area (1)

Cypress Pond State Natural Area (1)

Deer Pond State Natural Area (1)

Devil's Island State Fish and Wildlife Area

Dog Island State Wildlife Management Area (51)

Eagle Creek State Park (open only January 16-22)

Eldon Hazlet State Park (north of Allen Branch and west of Peppenhorst Branch only) (1)

Ferne Clyffe State Park (1)

Fort de Chartres State Historic Site (hunting with muzzleloading shotgun or bow and arrow only) (1)

Ft. Massac State Park (51)

Fox Ridge State Park (4:00 p.m. daily closing; closed during firearm deer hunting) (5)

Fulton County State Goose Management Area (opens the day after the close of the Central Illinois Quota Zone goose season) (1)

Giant City State Park (1)

Hamilton County State Conservation Area (51)

Hanover Bluff State Natural Area (closed during firearm deer hunting (rabbit only)) (51)

ILLINOIS REGISTER 16414 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Hidden Springs State Forest (no hunting during firearm deer hunting; 4:00 p.m. daily closing) (5)

Horseshoe Lake State Conservation Area (Alexander County) (Public Hunting Area) (1)

Horseshoe Lake State Conservation Area (Controlled Hunting Area; closed prior to and during the Canada goose season) (1)

Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit (all hunters must obtain a free site permit)

Jim Edgar Panther Creek State Fish and Wildlife Area − Open Unit (5)

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit (rabbit hunting only open Monday following the close of the controlled pheasant hunting season through the next following January 22) (5)

Jubilee College State Park (hunting for pheasant and quail will terminate at sunset on the Sunday after Thanksgiving; closed during all site firearm deer huntingseasons) (1) (2)

Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to and during duck season; the defined Baldwin Lake Waterfowl Rest Area is closed) (1)

Kickapoo State Recreation Area (4:00 p.m. daily closing; closed during firearm deer hunting) (5)

Kinkaid Lake State Fish and Wildlife Area (1)

Marseilles State Fish and Wildlife Area (closed during all site firearm deer huntingseasons; rabbit hunting closes at the end of the pheasant and quail season; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters

ILLINOIS REGISTER 16415 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

may only enter the site from designated parking lots) (1)

Marshall State Fish and Wildlife Area (closed during firearm deer huntingseason) (51)

Mazonia State Fish and Wildlife Area (upland season does not open until the day after the close of the site's waterfowl season; the site is closed Mondays, Tuesdays, Christmas Day and New Year's Day) (1)

Meeker State Habitat Area (5)

Mermet Lake State Fish and Wildlife Area (51)

Middle Fork State Fish and Wildlife Area (4:00 p.m. daily closing; closed during firearm deer hunting) (5)

Mississippi River Pools 16, 17, 18

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26)

Mississippi River Pools 21, 22, 24

Moraine View State Park (rabbit hunting permitted Mondays and Tuesdays during the site controlled hunting season; hunting hours are 8:00 a.m. to 4:00 p.m. only) (5)

Mt. Vernon Game Propagation Center (hunting from January 1 to the end of season; rabbits only) (51)

Nauvoo State Park (Max Rowe Unit only) (5)

Newton Lake State Fish and Wildlife Area (closed during firearm deer hunting) (5)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (West and North

ILLINOIS REGISTER 16416 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Subunits only) (1)

Pyramid State Park (5)

Pyramid State Park – Galum Unit (5)

Rall Woods State Natural Area (closed during firearm deer hunting (rabbit only)) (51)

Ramsey Lake State Park (8:00 a.m. to 4:00 p.m.; rabbits and quail only may be hunted on Mondays and Tuesdays during the fee pheasant season) (1)

Randolph County State Conservation Area (1)

Ray Norbut State Fish and Wildlife Area (51)

Red Hills State Park (51)

Rend Lake Project Lands and Waters

Sahara Woods State Fish and Wildlife Area (51)

Saline County State Conservation Area (51)

Sam Dale Lake State Conservation Area (8:00 a.m. to 4:00 p.m.) (51)

Sam Parr State Park (8:00 a.m. to 4:00 p.m.) (1)

Sangamon County State Conservation Area

Sanganois State Fish and Wildlife Area (5)

Shawnee National Forest, Oakwood Bottoms (2)

Shelbyville State Fish and Wildlife Area (4:00 p.m. daily closing) (5)

ILLINOIS REGISTER 16417 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Sielbeck Forest State Natural Area (51)

Siloam Springs State Park – Buckhorn Unit (opens December 5; closed during Late-Winter Deer Season) (5)

Skinner Farm State Habitat Area (1)

Snakeden Hollow State Fish and Wildlife Area (opens the day after the close of the Central Illinois Quota zone goose season) (1) (2)

Spoon River State Forest (51)

Stephen A. Forbes State Park (8:00 a.m. to 4:00 p.m.) (51)

Tapley Woods State Natural Area (closed during firearm deer hunting and muzzleloading rifle deer seasons; rabbit only) (1)

Ten Mile Creek State Fish and Wildlife Area (nontoxic shot only on posted waterfowl rest areas) (5)

Trail of Tears State Forest (1)

Turkey Bluffs State Fish and Wildlife Area (1)

Union County State Conservation Area (Firing Line Management Area only) (1) (2)

Washington County State Conservation Area (1)

Weinberg-King State Park (51)

Weinberg-King State Park (Cecil White Unit) (5)

Weinberg-King State Park (Scripps Unit) (51)

Weinberg-King State Park (Spunky Bottoms Unit) (51)

Weldon Springs/Piatt County Unit (closed during first and second firearm deer huntingseasons) (51)

ILLINOIS REGISTER 16418 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Wildcat Hollow State Forest (5)

Winston Tunnel State Natural Area (closed during firearm deer hunting (rabbit only) (51)

Wise Ridge State Natural Area

Witkowsky State Wildlife Area (rabbit only; opens after second firearm deer huntingseason) (closed during firearm deer hunting) (51)

Wolf Creek State Park (open only January 16-22)

2) Statewide regulations apply at the following sites except that hunters must obtain a free site permit from site office; this permit must be in possession while hunting at the site. The permit must be returned, and harvest reported, by February 15 or the hunter will forfeit hunting privileges at the site for the following year:

Chauncey Marsh State Natural Area (obtain permit at Red Hills State Park headquarters)

Clinton Lake State Recreation Area (4:00 p.m. daily closing)

Fox Ridge State Park (4:00 p.m. daily closing; closed during firearm deer season)

Hidden Springs State Forest (no hunting during firearm deer season; 4:00 p.m. daily closing)

Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit

Jim Edgar Panther Creek State Fish and Wildlife Area (Open Unit)

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit (rabbit hunting only open Monday following the close of the controlled pheasant hunting season through the next

ILLINOIS REGISTER 16419 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

following January 22)

Kickapoo State Park (4:00 p.m. daily closing; closed during firearm deer season)

Lake Shelbyville – Kaskaskia and West Okaw Wildlife Management Area (4:00 p.m. daily closing)

Meeker State Habitat Area (obtain permit at Sam Parr State Park headquarters)

Middle Fork State Fish and Wildlife Area (4:00 p.m. daily closing; closed during firearm deer season)

Moraine View State Park (rabbit hunting permitted Mondays and Tuesdays during the site controlled hunting season; hunting hours are 8 a.m. to 4 p.m. only)

Newton Lake State Fish and Wildlife Area (closed during firearm deer season)

Pyramid State Park

Pyramid State Park – Galum Unit

Sanganois State Fish and Wildlife Area

Ten Mile Creek State Fish and Wildlife Area (nontoxic shot only on posted waterfowl rest areas)

23) Hunting is permitted on the following areas only on the dates listed in parentheses; or on sites indicated by (3), hunting will be permitted on the first and second day of the statewide upland game season and on each subsequent Wednesday and Saturday in November, and on each Thursday and Sunday in December, through December 24. On sites indicated by (4), hunting will be permitted on the first and second day of the statewide upland game season and on each subsequent Wednesday and Saturday in November and on each Thursday and Sunday in December, through December 24, except closed during the firearm deer seasons and open

ILLINOIS REGISTER 16420 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

December 27 and 29. Daily hunting permits filled by drawing through DNR Permit Office. Procedures for application and drawings will be publicly announced. Illinois residents will have preference. Only one permit per person will be issued. Each permit authorizes the holder to bring the number of additional hunting partners listed in parentheses for the day's hunt. The permit must be returned and harvest reported by February 15 or permit holders will forfeit hunting privileges at the sites covered in this Section for the following year:

Birkbeck Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Bradford Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Clifton Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Coffeen Lake State Fish and Wildlife Area − Upland Management Area (open every Wednesday during the upland season; daily limit of bobwhite quail is 4; permits issued for datesrabbit hunting only after the close of the pheasant and quail season are for rabbit hunting only; each permit authorizes the holder to bring 32 hunting partners)

Dublin Highlands Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Eagle Creek State Park (each permit authorizes the holder to bring 3 hunting partners) (3)

Edward R. Madigan State Park (open on Mondays from the opening of upland game season until Christmas Day; each permit authorizes the holder to bring 3 hunting partners; check in required before hunting)

Finfrock State Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

ILLINOIS REGISTER 16421 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Freeman Mine Habitat Area (open every Wednesday in November and December starting with opening day of upland game season except during firearm deer huntingseason and December 24 and 25; each permit authorizes holder to bring 3 hunting partners; hunting hours 8 a.m. to 4 p.m.; daily bag limit is 2 cock pheasants, 4 quail, and 2 rabbits)

Franklin Creek State Natural Area − Nachusa Prairie Sand Farm (each permit authorizes the holder to bring 3 hunting partners) (3)

Gifford Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Green River State Wildlife Area (open every Monday, Wednesday and Thursday in November and December beginning with the Monday after the opening of the statewide upland season through the seventh Monday following; closed during the November and December firearm deer huntingseasons; each permit authorizes the holder to bring 5 hunting partners) (1) (2)

Hallsville Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Harry "Babe" Woodyard State Natural Area (each permit authorizes the holder to bring 3 hunting partners; 8 a.m. to 4 p.m. hunting hours) (4)

Herschel Workman Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Hindsboro Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Hurricane Creek State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (4)

Ilo Dillin State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (2)(3)

ILLINOIS REGISTER 16422 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Jim Edgar Panther Creek State Fish and Wildlife Area (Upland Game Management Area) (open every Tuesday and Saturday in November, December and January starting with opening day of upland game season except during firearm deer season and December 24 and 25; permits issued for dates after the close of the pheasant and quail season are for rabbit hunting only after the close of pheasant and quail season; each permit authorizes holder to bring 3 hunting partners)

Larry D. Closson Habitat Area (each permit authorizes the holder to bring 3 partners) (3)

Little Rock Creek Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Loda Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Mackinaw State Fish and Wildlife Area (each permit authorizes the holder to bring 53 hunting partners) (4)

Manito Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Mautino State Fish and Wildlife Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Maytown Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Milks Grove Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Paul C. Burrus State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (4)

Perdueville Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

ILLINOIS REGISTER 16423 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Pyramid State Park – Captain Unit (open every Saturday and Wednesday starting with opening day through the close of statewide quail season (South Zone); closed during firearm, muzzleloader and late winter deer seasons and any day that conflicts with a scheduled field trial; each permit authorizes the holder to bring 2 hunting partners)

Pyramid State Park – Denmark Unit (open every Saturday and Wednesday starting with opening day through the close of statewide quail season (South Zone); closed during firearm, muzzleloader and late winter deer seasons and any day that conflicts with a scheduled field trial; each permit authorizes the holder to bring 2 hunting partners)

Pyramid State Park – East Conant Unit (open every Saturday and Wednesday starting with opening day through the close of statewide quail season (South Zone); closed during firearm, muzzleloader and late winter deer seasons and any day that conflicts with a scheduled field trial; each permit authorizes the holder to bring 2 hunting partners)

Sand Prairie Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

Sand Ridge State Forest (Sparks Pond Land and Water Reserve Area) (open on Saturdays and Tuesdays from the opening of the upland game season through the end of December except during firearm deer huntingseason; each permit authorizes holder to bring 3 hunting partners)

Sangchris Lake State Park (open every Wednesday and Saturday in November and December after the opening day of upland game season except the Saturday of the second firearm deer season and December 24 and 25; each permit authorizes holder to bring 3 hunting partners; hunting hours 11:00 a.m. to sunset; check in required before hunting)

Saybrook Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

ILLINOIS REGISTER 16424 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Sibley Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

Siloam Springs State Park – Buckhorn Unit (open only the first and third days of firearm deer season and every Tuesday and Saturday thereafter until close of the statewide quail season; each permit authorizes the holder to bring 3 hunting partners)

Steward Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Victoria Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

Whitefield Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Willow Creek State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Wolf Creek State Park (each permit authorizes the holder to bring 3 hunting partners) (4)

34) The following sites will be open for pheasant, quail, rabbit and partridge hunting following the site's controlled pheasant hunting season; pheasants of either sex may be taken; all hen pheasants must be tagged by DNR before leaving sites; hunting hours are 8:00 a.m.-4:00 p.m.; hunting dates are noted in parentheses:

Chain O'Lakes State Park (open Wednesday through Friday following permit pheasant season) (1)

Des Plaines State Conservation Area (dates are 5 days following the close of the site's permit pheasant season excluding Mondays, Tuesdays and Christmas) (1)

Eldon Hazlet State Park (no quail or rabbit hunting; controlled pheasant hunting area and for 5 consecutive days only) (1)

ILLINOIS REGISTER 16425 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Iroquois County State Wildlife Management Area (open Wednesday through Sunday following permit pheasant season, excluding Christmas) (51)

Kankakee River State Park (no quail hunting)

Moraine View State Park (open Monday following the close of the controlled pheasant hunting season through the close of the North Zone season) (51)

Silver Springs State Park (dates are 5 days following the close of the site's permit pheasant season, excluding Mondays and Tuesdays) (1) c) Violation of a site regulation is a petty offense (see 520 ILCS 5/2.6, 2.7, 2.13 or 2.27).

(Source: Amended at 37 Ill. Reg. 16394, effective October 3, 2013)

ILLINOIS REGISTER 16426 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Sport Fishing Regulations for the Waters of Illinois

2) Code Citation: 17 Ill. Adm. Code 810

3) Section Numbers: Adopted Action: 810.37 Amendment 810.45 Amendment

4) Statutory Authority: Implementing and authorized by Sections 1-120, 1-125, 1-150, 5-5, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10- 95, 15-50, 20-5, 20-35 and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5/1-120, 1- 125, 1-150, 5-5, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10- 75, 10-90, 10-95, 15-50, 20-5, 20-35, 25-5, and 5/5-15]

5) Effective Date of Rulemaking: October 3, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rulemaking, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: July 19, 2013; 37 Ill. Reg. 11027

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary.

13) Will this rulemaking replace an emergency rulemaking currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: This Part is being amended for the maintenance and/or production of quality fisheries in State-managed waters.

ILLINOIS REGISTER 16427 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

16) Information and questions regarding this adopted rulemaking shall be directed to:

Nick San Diego, Legal Counsel Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

The full text of the Adopted Amendments begins on the next page:

ILLINOIS REGISTER 16428 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER b: FISH AND WILDLIFE

PART 810 SPORT FISHING REGULATIONS FOR THE WATERS OF ILLINOIS

Section 810.5 Definitions 810.10 Sale of Fish and Fishing Seasons 810.14 Wanton Waste – Fish Abandonment 810.15 Statewide and Site Specific Bowfishing 810.20 Snagging 810.30 Pole and Line Fishing Only (Repealed) 810.35 Statewide Sportfishing Regulations – Daily Catch and Size Limits 810.37 Definitions for Site Specific Sportfishing Regulations 810.40 Daily Catch and Size Limits (Repealed) 810.45 Site Specific Water Area Regulations 810.50 Bait Fishing 810.60 Bullfrogs (Repealed) 810.70 Free Fishing Days 810.80 Emergency Protective Procedures 810.90 Fishing Tournament Permit 810.100 Bed Protection

AUTHORITY: Implementing and authorized by Sections 1-120, 1-125, 1-150, 5-5, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10-95, 15-50, 20-5, 20-35 and 25-5 of the Fish and Aquatic Life Code [515 ILCS 5/1-120, 1-125, 1-150, 5-5, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-45, 10-50, 10-60, 10-75, 10-90, 10-95, 15-50, 20-5, 20-35, 25-5, and 5/5-15].

SOURCE: Adopted at 5 Ill. Reg. 751, effective January 8, 1981; codified at 5 Ill. Reg. 10647; amended at 6 Ill. Reg. 342, effective December 23, 1981; amended at 6 Ill. Reg. 7411, effective June 11, 1982; amended at 7 Ill. Reg. 209, effective December 22, 1982; amended at 8 Ill. Reg. 1564, effective January 23, 1984; amended at 8 Ill. Reg. 16769, effective August 30, 1984; amended at 9 Ill. Reg. 2916, effective February 26, 1985; emergency amendment at 9 Ill. Reg. 3825, effective March 13, 1985, for a maximum of 150 days; emergency expired August 10, 1985; amended at 9 Ill. Reg. 6181, effective April 24, 1985; amended at 9 Ill. Reg. 14291, effective September 5, 1985; amended at 10 Ill. Reg. 4835, effective March 6, 1986; amended at

ILLINOIS REGISTER 16429 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

11 Ill. Reg. 4638, effective March 10, 1987; amended at 12 Ill. Reg. 5306, effective March 8, 1988; emergency amendment at 12 Ill. Reg. 6981, effective April 4, 1988, for a maximum of 150 days; emergency expired September 1, 1988; emergency amendment at 12 Ill. Reg. 10525, effective June 7, 1988, for a maximum of 150 days; emergency expired November 4, 1988; amended at 12 Ill. Reg. 15982, effective September 27, 1988; amended at 13 Ill. Reg. 8419, effective May 19, 1989; emergency amendment at 13 Ill. Reg. 12643, effective July 14, 1989, for a maximum of 150 days; emergency expired December 11, 1989; emergency amendment at 13 Ill. Reg. 14085, effective September 4, 1989, for a maximum of 150 days; emergency expired February 1, 1990; emergency amendment at 13 Ill. Reg. 15118, effective September 11, 1989, for a maximum of 150 days; emergency expired February 8, 1990; amended at 14 Ill. Reg. 6164, effective April 17, 1990; emergency amendment at 14 Ill. Reg. 6865, effective April 17, 1990, for a maximum of 150 days; emergency expired September 19, 1990; amended at 14 Ill. Reg. 8588, effective May 21, 1990; amended at 14 Ill. Reg. 16863, effective October 1, 1990; amended at 15 Ill. Reg. 4699, effective March 18, 1991; emergency amendment at 15 Ill. Reg. 5430, effective March 27, 1991, for a maximum of 150 days; emergency expired August 24, 1991; amended at 15 Ill. Reg. 9977, effective June 24, 1991; amended at 15 Ill. Reg. 13347, effective September 3, 1991; amended at 16 Ill. Reg. 5267, effective March 20, 1992; emergency amendment at 16 Ill. Reg. 6016, effective March 25, 1992, for a maximum of 150 days; emergency expired August 22, 1992; amended at 16 Ill. Reg. 12526, effective July 28, 1992; amended at 17 Ill. Reg. 3853, effective March 15, 1993; emergency amendment at 17 Ill. Reg. 5915, effective March 25, 1993, for a maximum of 150 days; emergency expired August 22, 1993; amended at 17 Ill. Reg. 10806, effective July 1, 1993; amended at 18 Ill. Reg. 3277, effective February 28, 1994; emergency amendment at 18 Ill. Reg. 5667, effective March 25, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 12652, effective August 9, 1994; amended at 19 Ill. Reg. 2396, effective February 17, 1995; emergency amendment at 19 Ill. Reg. 5262, effective April 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 10614, effective July 1, 1995; amended at 20 Ill. Reg. 4640, effective March 6, 1996; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 21 Ill. Reg. 9389; amended at 21 Ill. Reg. 4709, effective April 1, 1997; emergency amendment at 21 Ill. Reg. 5590, effective April 15, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 12140, effective August 26, 1997; amended at 22 Ill. Reg. 4930, effective March 2, 1998; amended at 23 Ill. Reg. 3434, effective March 8, 1999; emergency amendment at 23 Ill. Reg. 7317, effective June 10, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 8406, effective July 7, 1999; amended at 24 Ill. Reg. 3736, effective February 25, 2000; amended at 25 Ill. Reg. 6296, effective March 26, 2001; emergency amendment at 25 Ill. Reg. 7947, effective June 16, 2001, for a maximum of 150 days; emergency amendment at 25 Ill. Reg. 9912, effective August 1, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 11386, effective August 14, 2001; emergency amendment at 25 Ill. Reg. 12122, effective September 15, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 1210, effective January 16, 2002; amended at 26

ILLINOIS REGISTER 16430 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Ill. Reg. 4294, effective March 6, 2002; amended at 27 Ill. Reg. 3376, effective February 14, 2003; amended at 28 Ill. Reg. 4607, effective March 1, 2004; amended at 29 Ill. Reg. 3955, effective February 24, 2005; amended at 30 Ill. Reg. 4810, effective March 1, 2006; amended at 31 Ill. Reg. 3480, effective February 16, 2007; emergency amendment at 31 Ill. Reg. 8265, effective May 25, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 14432, effective October 5, 2007; amended at 32 Ill. Reg. 3302, effective February 25, 2008; amended at 33 Ill. Reg. 5275, effective March 25, 2009; amended at 34 Ill. Reg. 6391, effective April 20, 2010; amended at 35 Ill. Reg. 4011, effective February 22, 2011; amended at 36 Ill. Reg. 5461, effective March 22, 2012; amended at 37 Ill. Reg. 6658, effective May 1, 2013; amended at 37 Ill. Reg. 16426, effective October 3, 2013.

Section 810.37 Definitions for Site Specific Sportfishing Regulations

a) Site Specific Regulations are listed by water area affected. The coverage of the regulation is dictated by the extent of the water area listed and not by the county. In some cases, regulations for a given water area or site may extend beyond the counties listed. The counties listed refer to the location of the dam or outfall for impoundments or mouths of small streams. Since large rivers or streams usually flow through many counties, the term "Multiple" is used rather than listing all counties where the large stream or river flows.

b) The following subsections listed below are referred to by number in Section 810.45. Each water area listed in Section 810.45 has numbers in parenthesesparenthesis that explain all of the restrictions or special provisions in this Section that apply to that water area.

1) Anglers must not use more than 2 poles and each pole must not have more than 2 hooks or lures attached while fishing, except that legal size cast nets, (in accordance with subsection 810.50(a)(1)) shad scoops, and minnow seines may be used to obtain shad, minnows, and crayfish to use as bait, provided that they are not sold, and except that bullfrogs may be taken by hand, gig, pitchfork, spear, landing net, and hook and line during bullfrog season.

2) All jugs set in a body of water shall be under the immediate supervision of the fisherman. Immediate supervision shall be defined as the fisherman being on the water where the jugs are set and readily available to identify jugs to law enforcement officers.

ILLINOIS REGISTER 16431 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

3) All largemouth and smallmouth bass taken must be less than 12 inches in total length or greater than 15 inches in total length.

4) SportExcept that sport fishermen shall be allowed to use trotlines, jugs, and by hand, except that the use and aid of underwater breathing devices is prohibited. West of Wolf Creek Road, fishing from boats is permitted all year. Trotlines/jugs must be removed from sunrise until sunset from Memorial Day through Labor Day. East of Wolf Creek Road, fishing from boats is permitted from March 15 through September 30. Fishing from the bank is permitted all year only at the Wolf Creek and Route 148 causeways. On the entire lake, jugs and trotlines must be checked daily and must be removed on the last day they are used. It is illegal to use stakes to anchor any trotlines; they must be anchored only with portable weights and must be removed on the last day they are used. The taking of carp, carpsuckers, shad, drum, buffalo, gar, bowfin and suckers with spear, gig, bow and arrow or archery device is permissible.

5) SportExcept that sport fishermen may take carp, carpsuckers, buffalo, gar, bowfin and suckers by pitchfork, gigs, bow and arrow or bow and arrow devices.

6) Sport fishing is allowed inIncluding the Fox River south of the Illinois- Wisconsin line to the Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge.

7) SportExcept that sport fishermen may take carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears during May and June.

8) Daily catch limit includes striped bass, white bass, yellow bass and hybrid striped bass either singly or in the aggregate.

9) Catch and Release Fishing Only means that fish (all or identified species) caught must be immediately released alive and in good condition back into the water from which they came.

10) It shall be illegal to possess trout during the period of October 1 to 5 a.m. on the third Saturday in October (both dates inclusive) that were taken during that period.

ILLINOIS REGISTER 16432 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

11) It shall be illegal to possess trout during the period of March 15 to 5 a.m. on the 1st Saturday in April (both dates inclusive) that were taken during that period.

12) Daily catch limit for largemouth or smallmouth bass, singly or in the aggregate, shall not exceed 6 fish per day, no more than one of which shall be greater than 15 inches in length and none of which shall be greater than 12 inches and less than or equal to 15 inches in length.

13) JugExcept that jug fishing is permitted from the hours of sunset to sunrise, and except that carp and buffalo may be taken by bow and arrow devices from May 1 through September 30. All jugs must have owner's/user's name and complete address affixed.

14) Daily catch limit includes all fish species (either singly or in the aggregate) caught within each of the following fish groupings.

A) Largemouth or smallmouth bass

B) Walleye, sauger, or their hybrid

C) Bluegill, redear sunfish or pumpkinseed

D) Channel or blue catfish

15) Daily catch limit includes white, black, or hybrid crappie either singly or in the aggregate.

16) Daily catch limit includes striped bass, white bass and hybrid striped bass either singly or in the aggregate.

17) Daily catch limit shall not exceed 10 fish daily, no more than 3 of which may be 17 inches or longer in length.

18) Clinton Lake − SportExcept that sport fishermen shall be allowed to use trotlines, jugs and bank poles in the portions of the lake that lie north of the Davenport Bridge and northeast of the Parnell Bridge. Sport fishermen may take carp, carpsuckers and buffalo by bow and arrow, bow

ILLINOIS REGISTER 16433 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

and arrow devices, gigs and spears on the entire lake, but not within 150 feet of any developed recreation areas.

19) It shall be unlawful to enter upon a designated duck hunting area between sunset of the Sunday immediately proceeding opening day of regular duck season through the day before regular duck season and Canada goose season as posted at the site, or to fish on such areas during the regular duck season except in areas posted as open to fishing. It shall be unlawful to enter upon areas designated as waterfowl rest areas or refuges from 2 weeks prior to the start of the regular duck season through the end of duck and Canada goose season.

20) Carlyle Lake (including its tributary streams and those portions of the Kaskaskia River and Hurricane Creek up to the U.S. Army Corps of Engineers Carlyle Lake Project boundaries), U.S. Army Corps of Engineers, Bond, Clinton, and Fayette Counties. Does not include the tailwaters. Sport, except that sport fishermen may not use a minnow seine, cast net, or shad scoop for bait collecting between U.S. Route 50 and the Carlyle Lake dam and spillway.

21) Lake Shelbyville (including its tributary streams and those portions of the West Okaw and Kaskaskia Rivers up to Lake Shelbyville Project boundaries – including parts of the Lake Shelbyville Fish and Wildlife Management Area), U.S. Army Corps of Engineers, Shelby and Moultrie Counties. Does not include the tailwater except for the 48" total length and live bait rig requirement for muskellunge (see subsections (b)(40) and (43)).

22) Rend Lake (including its tributary streams and those portions of the Big Muddy and Casey Fork Rivers up to the Rend Lake Project boundaries), Rend Lake Project Ponds, U.S. Army Corps of Engineers, Franklin and Jefferson Counties. Does not include tailwaters. Sport, except that sport fishermen may not use a minnow seine, cast net, or shad scoop for bait collecting within 1,000 yards downstream of the Rend Lake Dam and Spillway.

23) Daily catch limit for black, white or hybrid crappies, singly or in the aggregate, shall not exceed 20 fish daily, no more than 10 of which can be below 10" in total length and no more than 10 of which can be 10" or

ILLINOIS REGISTER 16434 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

longer in total length.

24) 15" minimum length limit for walleye with no possession of walleye greater than or equal to 20" and less than or equal to 27" in total length − protected slot limit.

25) Daily catch limit for largemouth or smallmouth bass, singly or in the aggregate, shall not exceed 3 fish per day, no more than one of which may be equal to or greater than 15 inches in total length and no more than 2 of which may be less than 15 inches in total length.

26) Lake Vermilion – Trotline and jug fishing allowed north of Boiling Springs Road.

27) BankExcept that bank fishing is prohibited. Boat fishing is permitted May 1 through August 31 during the hours of 2:00 p.m. to 8:00 p.m. See site for additional regulations and exact opening and closing dates.

28) TrotlinesExcept that trotlines may be set within 300 feet from shore.

29) CarpExcept that carp, buffalo, suckers and carpsuckers may be taken by means of pitchfork and gigs (no bow and arrow devices).

30) Fishing is permitted from March 15 through September 30, both dates inclusive, from sunrise to sunset. Fishing during all other times of the year is illegal and not permitted.

31) Daily catch limit for largemouth or smallmouth bass, singly or in the aggregate, shall not exceed 3 fish daily, no more than one of which may be equal to or greater than 15 inches in total length and no more than 2 of which may be less than 12 inches in total length.

32) Daily catch limit includes striped bass, white bass, yellow bass and hybrid striped bass, either singly or in the aggregate, no more than 4 of which may be 15 inches or longer in length.

33) It shall be unlawful to trespass upon a designated waterfowl hunting area during the 7 days prior to the regular duck season, or to fish on such areas during the regular duck and Canada goose season except in areas posted as

ILLINOIS REGISTER 16435 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

open to fishing. It shall be unlawful to trespass upon areas designated as waterfowl rest areas or refuges from 2 weeks prior to the start of the regular duck season through the end of duck and Canada goose season.

34) SportExcept that sport fishermen may take carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs, or spears from May 1 through August 31.

35) 14" minimum length limit for walleye, sauger or hybrid walleye with a protected slot (no possession) of fish 18" to 24" in total length. There is a 4 fish Daily Creel Limit of which only 1 can be greater than 24".

36) Sport fishermenExcept that sportfishermen may not use a minnow seine, minnow trap, cast net, or shad scoop for bait collecting in the following water areas:

Charleston Lower Channel Lake tailwaters from that portion of the Embarras River from the Charleston Lower Channel Lake Dam downstream to the Route 130 Bridge.

Clinton Lake tailwaters from that portion of Salt Creek from the Clinton Dam downstream to the Route 10 Bridge

Cook County Forest Preserve District Waters (except in the Des Plaines River)

Lake Decatur tailwaters from that portion of the Sangamon River from the Lake Decatur Dam downstream to the Route 48 Bridge.

37) All smallmouth bass taken must be less than 12 inches in total length or greater than 18 inches in total length. Only 1 bass greater than 18 inches and 2 bass less than 12 inches may be taken in the creel daily.

38) All largemouth and smallmouth bass taken must be less than 14 inches in total length or greater than 18 inches in total length. Only 1 bass greater than 18 inches and 5 bass less than 14 inches may be taken in the creel daily.

39) Powerton Lake shall be closed to boat traffic, except for legal waterfowl

ILLINOIS REGISTER 16436 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

hunters, from one week prior to regular waterfowl season to February 15, and closed to all unauthorized entry during the regular goose and duck season.

40) The 48 inch total length limit on pure muskellunge applies to that body of water listed as well as any tailwaters as defined below:

Evergreen Lake (McLean County) – including the portion of Six Mile Creek below the Evergreen Lake Dam downstream to its confluence with the Mackinaw River.

Forbes State Lake (Marion County) − including tailwaters.

Fox Chain O' Lakes (Lake/McHenry Counties) – including the Fox River south of the Wisconsin-Illinois boundary to the Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge.

Kinkaid Lake (Jackson County) – including the portion of Kinkaid Creek below the Kinkaid Lake Dam downstream to the Route 149 Bridge.

Lake Mingo and Kennekuk Cove Park Ponds (Vermilion County) − no tailwaters.

Lake Shelbyville (Moultrie/Shelby Counties) – including the portion of the Kaskaskia River below the Lake Shelbyville Dam downstream to the State Route 128 Road Bridge near Cowden.

Otter Lake (Macoupin County) – including the portion of Otter Creek below Otter Lake Dam downstream to its confluence with East Otter Creek.

Pierce Lake (Winnebago County) – including the portion of Willow Creek below the Pierce Lake Dam downstream to Forest Hills Road.

Shabbona Lake (DeKalb County) – including that portion of Indian Creek below the Shabbona Lake Dam downstream to Shabbona Grove Road.

Spring Lakes (North and South) (Tazewell County) – no tailwaters.

ILLINOIS REGISTER 16437 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

41) It shall be unlawful to enter upon areas designated as waterfowl hunting areas during the 10 days prior to the start of the regular duck season, or to fish on such areas during the regular duck season except in areas posted as open to fishing. It shall be unlawful to enter upon areas designated as waterfowl rest areas or refuges from 10 days prior to the start of the regular duck season through the end of duck and Canada goose season.

42) During duck season, walk-in only access for fishing from the bank is permitted after 1:00 p.m.

43) When using live bait, all live bait in excess of 8" in total length shall be rigged with a quick set rig. The hook shall be immediately set upon the strike. A quick set rig is defined as follows: a live bait rig with up to 2 treble hooks attached anywhere on the live bait; single hooks are prohibited. This subsection (b)(43) does not apply to trotlines, jug lines, etc., if allowed on the lake.

44) SportExcept that sport fishermen may take carp from boat by bow and arrow and bow and arrow devices, but not within 150 feet of any developed recreation areas.

45) SportExcept that sport fishermen may take carp, buffalo, suckers, and gar by bow and arrow devices, gigs or spears (except during waterfowl season) but not within 200 yards of any developed recreational areas.

46) All large or smallmouth bass taken must be less than 12 inches in total length or greater than 18 inches in total length. Only 1 bass greater than 18 inches and 2 bass less than 12 inches may be taken in the creel daily.

47) 14" minimum length limit for walleye, sauger or hybrid walleye with a protected slot (no possession) of fish 18" to 26" in total length. There is a 3 fish daily creel of which only 1 can be greater than 26".

48) Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears, except when closed under site regulations (17 Ill. Adm. Code 110) and posted on site.

(Source: Amended at 37 Ill. Reg. 16426, effective October 3, 2013)

ILLINOIS REGISTER 16438 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Section 810.45 Site Specific Water Area Regulations

Fishing regulations, including species of fish, fishing methods and daily catch limits are listed for each water area. The numbers in parenthesis refer to the corresponding numbered definitions in Section 810.37 of this Part. If a water area is not listed or if a specific species is not listed, then state-wide restrictions apply. Check the bulletin boards at the specific site for any emergency changes to regulations.

Altamont Reservoir, City of Altamont Effingham County Large or Smallmouth Bass 15" Minimum Length Limit Large or Smallmouth Bass (14) 1 Fish Daily Creel Limit

Anderson Lake Fish and Wildlife Area (33) Fulton County

Andover Lake, City of Andover Henry County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Anna City Lake, City of Anna Union County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish - 8" Minimum Length Limit Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Apple River (within Apple River Canyon State Park and Satellite Boundaries), State of Illinois Jo Daviess County All Fish - 2 Pole and Line Fishing Only (1) Smallmouth Bass - Catch and Release Fishing Only (9) Trout - Spring Closed Season (11)

Apple River and tributaries, State of Illinois Jo Daviess County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16439 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Smallmouth Bass - 14" Minimum Length Limit Trout - Spring Closed Season (11)

Argyle Lake, Argyle Lake State Park McDonough County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Hybrid Walleye - 3 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 1 Fish > 15" and/or 5 < 12" Daily (12) Trout - Fall Closed Season (10) White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit

Arrowhead Heights Lake, Village of Camp Point Adams County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Arrowhead Lake, City of Johnston City Williamson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Ashland City Old Reservoir, City of Ashland Morgan County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Ashland City Reservoir, City of Ashland Morgan County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16440 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit

Auburn Park Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

Axehead Lake, Cook County Forest Preserve Cook County All Fish - 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed - 15 Fish Daily Creel Limit Sunfish (14) Large or Smallmouth Bass - 14" Minimum Length Trout - Fall Closed Season (10) Trout - Spring Closed Season (11) White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Bakers Lake, City of Peru LaSalle County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Baldwin Lake, Baldwin Lake Conservation Area Randolph County All Fish - 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass - 18" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16) White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit

Banana Lake, Lake County Forest Preserve District Lake County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit

ILLINOIS REGISTER 16441 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Banner Marsh Lake & Ponds, Banner Marsh State Fish and Wildlife Area (33) Peoria/Fulton Counties Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (34) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 12"-18" Protected Slot Length Limit (no possession) Pure Muskellunge - 42" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit

Bass Lake, DuPage County Forest Preserve District DuPage County

All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Channel Catfish - 12" Minimum Length Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Batchtown Wildlife Management Area (19) Calhoun County

Baumann Park Lake, City of Cherry Valley Winnebago County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Beall Woods Lake, Beall Woods Conservation Area

ILLINOIS REGISTER 16442 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Wabash County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Trout - Spring Closed Season (11) Trout - Fall Closed Season (10)

Beaver Dam Lake, Beaver Dam State Park Macoupin County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Trout - Fall Closed Season (10) White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit

Beck Lake, Cook County Forest Preserve District Cook County All Fish - 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed - 15 Fish Daily Creel Limit Sunfish (14) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Belk Park Pond, City of Wood River Madison County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Belleau Lake, Cook County Forest Preserve District Cook County All Fish - 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed - 15 Fish Daily Creel Limit

ILLINOIS REGISTER 16443 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Sunfish (14) Large or Smallmouth Bass - 14" Minimum Length Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11) White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Belvidere Ponds, City of Belvidere Boone County Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Bevier Lagoon, Waukegan Park District Lake County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Bird Park Quarry, City of Kankakee Kankakee County Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Bloomington Park District Lakes (Anglers Lake, Holiday Lake, Miller Park Lake, Tipton Lake and White Oaks Lake) McLean County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Blue Pond, Boone County Conservation District Boone County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Borah Lake, City of Olney Richland County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16444 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Boston Pond, Stephen A. Forbes State Park Marion County Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Bowen Lake, City of Washington Tazewell County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 12"-15" Protected Slot Length Limit (no possession) Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Boyd-Wesley Park Pond, Village of Towanda McLean County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit

Braidwood Lake, Braidwood State Fish and Wildlife Area (41) Will County Recreational Use Restrictions - Braidwood Lake is closed to all fishing and boat traffic, except for legal waterfowl hunters, from 10 days prior to duck season through the day before duck season and is closed to all fishing during waterfowl season commencing with regular duck season through the close of the Canada goose and regular duck season All Fish - 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Striped, White or Hybrid Striped Bass - 10 Creel/3 Fish 17" or Longer Daily (17)

ILLINOIS REGISTER 16445 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

(16)

Breeze JC's Park Pond, City of Breeze Clinton County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Buckner City Reservoir, City of Buckner Franklin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Buffalo Prairie Pheasant Habitat Area Lakes and Ponds (Buffalo Lake South, Buffalo Lake North, Buffalo Pond Northwest, Buffalo Wetland) State of Illinois Knox County Recreational Use Restrictions - Buffalo Prairie Pheasant Habitat Area is closed to all fishing during the northern zone upland hunting season All Fish - 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) - 1 Fish ≥ 15" and 2 Fish < 15" daily (25) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit

Bullfrog Lake, Cook County Forest Preserve District Cook County All Fish - 2 Pole and Line Fishing Only (1) (36) Large or Smallmouth Bass - 14" Minimum Length Limit Bluegill, Redear, or Pumpkinseed - 15 Fish Daily Creel Limit Sunfish (14) White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Bunker Hill Lake, City of Bunker Hill Macoupin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Burrells Wood Park Pond

ILLINOIS REGISTER 16446 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

White County Channel Catfish - 6 Fish Daily Creel Limit

Busse Lake, Cook County Forest Preserve Cook County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed - 15 Fish Daily Creel Limit Sunfish (14) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Cache River State Natural Area Pulaski/Johnson Counties Recreational Use Restrictions - Waterfowl Refuge or Hunting Area; no fishing in Nature Preserves – Section 8 Woods, Heron Pond/Little Black Slough All Fish - 2 Pole and Line Fishing Only (1) (5) All Fish - No Seines

Calhoun Point Wildlife Management Area (19) Calhoun County

Calumet River Cook County Yellow Perch - 15 Fish Daily Creel Limit Yellow Perch - Closed During July

Campbell Pond Wildlife Management Area (19) Jackson County

Campus Lake – Southern Illinois University, State of Illinois Jackson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

ILLINOIS REGISTER 16447 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Campus Pond – Eastern Illinois University, State of Illinois Coles County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Canton Lake, City of Canton Fulton County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel or Blue Catfish (14) - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Pure Muskellunge - 42" Minimum Length Limit

Carbondale City Reservoir, City of Carbondale Jackson County Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Carlinville Lake #1, City of Carlinville Macoupin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Carlinville Lake #2, City of Carlinville Macoupin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Carlton Silt Basin, State of Illinois Whiteside County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish - 8" Minimum Length Limit Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Large or Smallmouth Bass - Catch and Release Fishing Only (9)

ILLINOIS REGISTER 16448 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Carlyle Lake, U.S. Army Corps of Engineers (20) (33) Clinton/Bond/Fayette Counties Large or Smallmouth Bass - 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 10" Minimum Length Limit

Carthage Lake, City of Carthage Hancock County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Casey Park Pond, City of Casey Clark County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 15 Fish Daily Creel Limit of which only 5 fish > 8" are allowed Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Casters Pond, Boone County Conservation District Boone County All Fish - 2 Pole and Line Fishing Only Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Cedar Lake and Little Cedar Lake, U.S. Forest Service and City of Carbondale Jackson County All Fish - 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass - 14"-18" Protected Slot Length Limit (no possession) Large or Smallmouth Bass (14) - 5 Fish < 14" and 1 Fish > 18" Daily Creel Limit (38) Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16) White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

ILLINOIS REGISTER 16449 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Centennial Park Pond, Coloma Township Park District Whiteside County Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Centralia Foundation Park Catfish Pond, Centralia Park Foundation Marion County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Centralia Lake, City of Centralia Marion County Large or Smallmouth Bass - 15" Minimum Length Limit

Cermack Quarry, Cook County Forest Preserve District Cook County All Fish - 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed - 15 Fish Daily Creel Limit Sunfish (14) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Champaign Park District Lakes (Kaufman Lake, Heritage Lake, and Mattis Lake), Champaign Park District Champaign County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Charleston Lower Channel Lake, City of Charleston Coles County All Fish - 2 Pole and Line Fishing Only (1) (5) (36)

Charleston Side Channel Lake, City of Charleston Coles County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit

ILLINOIS REGISTER 16450 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Large or Smallmouth Bass - 14" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16) White, Black or Hybrid Crappie (15) - 10 Fish Daily Creel Limit for Fish < 10"; 10 Fish Daily Creel Limit for Fish > 10" (23)

Charlie Brown Lake & Pond, City of Flora Clay County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Charter Oak North – Peoria Park District Lake, Peoria Park District Peoria County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Charter Oak South – Peoria Park District Pond, Peoria Park District Peoria County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Chautauqua Lake North and South Pools, U.S. Fish and Wildlife Service Mason County Recreational Use Restrictions - Lake Chautauqua North and South Pools will be closed to boat fishing from October 6 through January 31 - Bank fishing will be allowed in selected areas only - Ice fishing will be allowed following the February 1 reopening Largemouth Bass - 12" Minimum Length Limit

ILLINOIS REGISTER 16451 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Chenoa City Lake, City of Chenoa McLean County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Chicago River (including its North Branch, South Branch, and the North Shore Channel) Cook County Yellow Perch - 15 Fish Daily Creel Limit Yellow Perch - Closed During July

Christopher Old City Lake, City of Christopher Franklin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Citizen's Lake, City of Monmouth Warren County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 6 Fish Daily Creel Limit 1 Fish > 15" and 5 Fish < 12" Daily Creel Limit (12) Trout - Fall Closed Season (10)

Clear Lake, Kickapoo State Park Vermilion County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Large or Smallmouth Bass (14) - 12" to 15" Protected Slot Length Limit (no possession); 3 Fish Daily Creel Limit of which no more than 1 fish may be > 15" and no more than 2 may be < 12" (31) Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Clinton Lake, Clinton Lake State Recreation Area DeWitt County

ILLINOIS REGISTER 16452 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

All Fish - 2 Pole and Line Fishing Only (1) (18) (36) Large or Smallmouth Bass - 16" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Striped, White, or Hybrid Striped Bass - 10 Creel/3 Fish 17" or Longer Daily (17) (16) White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit

Coffeen Lake, Coffeen Lake State Fish and Wildlife Area Montgomery County Channel Catfish - All jugs must be attended at all times while fishing (2) Large or Smallmouth Bass (14) - 1 Fish ≥ 15" and 2 Fish < 15" daily (25) White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 10" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16)

Coles County Airport Lake, Coles County Airport Coles County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Columbus Park Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

Commissioners Park Pond, Alsip Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Conservation World Ponds, Illinois State Fairgrounds Sangamon County Fishing by special permit only for senior groups, children's groups or group guests of the Director. Apply for permit by writing to: Department of Natural Resources,

ILLINOIS REGISTER 16453 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Division of Fisheries, One Natural Resources Way, Springfield IL 62702

Cook Co. Forest Preserve District Lakes, Cook County Forest Preserve District Cook County All Fish - 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed - 15 Fish Daily Creel Limit Sunfish (14) Large or Smallmouth Bass - 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Coulterville City Lake, City of Coulterville Randolph County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Crab Orchard National Wildlife Refuge – Crab Orchard Lake, U.S. Fish and Wildlife Service Williamson County All Fish - 2 Pole and Line Fishing Only (1) (4) Large or Smallmouth Bass - 16" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Crab Orchard National Wildlife Refuge – Devil's Kitchen Lake, U.S. Fish and Wildlife Service Williamson County All Fish - 2 Pole and Line Fishing Only (1)

Crab Orchard National Wildlife Refuge – Little Grassy Lake, U.S. Fish and Wildlife Service Williamson County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 12-15" Slot Length Limit (3)

Crab Orchard National Wildlife Refuge – Visitors Pond Williamson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

ILLINOIS REGISTER 16454 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Crab Orchard National Wildlife Refuge Restricted Use Area Ponds (30), except Visitor Pond, and Crab Orchard National Wildlife Refuge − All Other Ponds, U.S. Fish and Wildlife Service Williamson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 16" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Crawford Co. Cons. Area – Picnic Pond, Crawford County Conservation Area Crawford County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Trout - Fall Closed Season (10)

Crawford Co. Cons. Area Ponds, Crawford County Conservation Area Crawford County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Crull Impoundment Wildlife Management Area (33) Jersey County

Crystal Lake, Urbana Park District Champaign County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit

Cypress Creek National Wildlife Refuge − All Ponds, U.S. Fish and Wildlife Service Johnson/Pulaski/Union Counties All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Cypress Creek National Wildlife Refuge − Cache River from Rt. 37 to Rt. 51 in Ullin, U.S. Fish and Wildlife Service

ILLINOIS REGISTER 16455 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Johnson/Pulaski Counties All Fish - 2 Pole and Line Fishing Only (1) All Fish - No Seines

Dawson Lake & Park Ponds, Moraine View State Park McLean County All Fish - 2 Pole and Line Fishing Only (1) (44) Bluegill or Redear Sunfish (14) - 15 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 6 Fish Daily Creel Limit (14) White, Black or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Decatur Park Dist. Ponds, City of Decatur Macon County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit (except for Fairview Park – Dreamland Pond, which has a 3 Fish Daily Creel Limit)

Deep Quarry Lake, DuPage County Forest Preserve District DuPage County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Channel Catfish - 12" Minimum Length Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Walleye, Sauger, or Hybrid Walleye - 16" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 3 Fish Daily Creel Limit (14) White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Defiance Lake, Moraine Hills State Park McHenry County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

ILLINOIS REGISTER 16456 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Des Plaines River Basin (Hoffman Dam to 47th Street Bridge, including tributaries) Cook County Channel Catfish - 15" Minimum Length Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - Catch and Release Only – No Harvest Permitted (9) Northern Pike - 30" Minimum Length Limit Northern Pike - 1 Fish Daily Creel Limit White, Black or Hybrid Crappie (15) - 10 Fish Daily Creel Limit Walleye, Sauger, or Hybrid Walleye - 18" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 1 Fish Daily Creel Limit (14)

Diamond Lake, City of Mundelein Lake County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Dieterich Park Pond, City of Dieterich Effingham County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Dolan Lake, Hamilton County Conservation Area Hamilton County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Donnelley State Wildlife Area (33) Bureau County

ILLINOIS REGISTER 16457 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Double "T" State Fish and Wildlife Area, State of Illinois Fulton County Recreational Use Restrictions - Waterfowl Refuge or Hunting Area (all use other than waterfowl hunting is prohibited from October 1 through the end of the central zone Canada goose season) - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel or Blue Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 21" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Pure Muskellunge - 42" Minimum Length Limit White, Black, or Hybrid Crappie - 10" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Douglas Park Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

DuPage County Forest Preserve District Lakes and Ponds (excluding Bass Lake, Deep Quarry Lake, and Grove Lake), DuPage County Forest Preserve District DuPage County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Channel Catfish - 12" Minimum Length Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Walleye, Sauger, or Hybrid Walleye - 16" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 3 Fish Daily Creel Limit (14) White, Black or Hybrid Crappie - 9" Minimum Length Limit White, Black or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

DuPage River – West Branch (between the dams located in the McDowell Grove Forest

ILLINOIS REGISTER 16458 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Preserve and the Warrenville Grove Forest Preserve) DuPage County Large or Smallmouth Bass - Catch and Release Fishing Only (9)

DuQuoin City Lake, City of DuQuoin Perry County Channel Catfish - 6 Fish Daily Creel Limit Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Large or Smallmouth Bass - 14"-18" Protected Slot Length Limit (no possession) (38) Large or Smallmouth Bass (14) - 5 Fish < 14" and 1 Fish > 18" Daily Creel Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

East Fork Lake, City of Olney Richland County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Eldon Hazlet State Park (See Also Carlyle Lake) Clinton County

Elkville City Reservoir, City of Elkville Jackson County Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Elliott Lake, Wheaton Park District DuPage County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 15" Minimum Length Limit

Emiquon Preserve − Thompson Lake Fulton County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16459 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Channel Catfish - 6 Fish Daily Creel Limit Black, White, or Hybrid Crappie - 9" Minimum Length Limit Black, White, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit Bluegill, Redear, Pumpkin Seed, Green, or Orange Spotted Sunfish and Hybrid Sunfish (14) - 25 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Walleye, Sauger, or Hybrid Walleye - 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye (14) - 6 Fish Daily Creel Limit

Evergreen Lake, City of Bloomington McLean County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass - 15" Minimum Length Limit Pure Muskellunge - 48" Minimum Length Limit (40) White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Fairgrounds Pond – Fort Massac State Park, State of Illinois Massac County Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Fairview Park – Dreamland Pond, City of Decatur Macon County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit

Ferne Clyffe Lake, Ferne Clyffe State Park Johnson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Flatfoot Lake, Cook County Forest Preserve District Cook County

ILLINOIS REGISTER 16460 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

All Fish - 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed - 15 Fish Daily Creel Limit Sunfish (14) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Fletcher Park Pond, City of Mt. Zion Macon County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Bluegill or Redear Sunfish (14) - 5 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Foli Park Pond, Village of Plano Kendall County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Forbes State Lake, Stephen A. Forbes State Park (including Forbes State Lake tailwaters and that portion of Lost Fork Creek within Stephen A. Forbes State Park) Marion County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Pure Muskellunge - 48" Minimum Length (40) Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16)

Forbes State Park Ponds, Stephen A. Forbes State Park Marion County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

ILLINOIS REGISTER 16461 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Forest Park Lagoon, City of Shelbyville Shelby County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Four Lakes, Winnebago County Forest Preserve Winnebago County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Trout - Spring Closed Season (11)

Fox Chain O'Lakes (including the Fox River south of the Wisconsin-Illinois boundary to the Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge) (6) (Applies to Grass Lake and Nippersink Lake State Managed Blind Areas Only), State of Illinois Lake and McHenry Counties Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) only on State Park property bordering the Fox River and Grass Lake Large or Smallmouth Bass - 14" Minimum Length Limit (6) Large or Smallmouth Bass (14) - 6 Fish Daily Creel Limit of which no more than 3 can be Smallmouth Bass Pure Muskellunge - 48" Minimum Length Limit (40) Smallmouth Bass - All fish must be immediately released between April 1 and June 15 Walleye, Sauger, or Hybrid Walleye - 14" Minimum Length Limit with an 18-24" Protected Slot Length Limit (no possession) (6) Walleye, Sauger, or Hybrid Walleye - 4 Fish " Daily Creel Limit of which only 1 (14) can be > 24" (35)

Fox Ridge State Park (see also Hurricane Pond, Wilderness Pond and Ridge Lake) Coles County

ILLINOIS REGISTER 16462 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Fox River, Algonquin Dam to confluence with the Illinois River, including tributaries, State of Illinois Multiple Counties Smallmouth Bass - 1 Fish 12" ≥ and 2 Fish < 12" Daily Creel Limit

Fox River (at Moraine Hills State Park and Dam and on Bolger Lock and Dam Properties), State of Illinois McHenry County All Fish - 2 Pole and Line Fishing Only (1) on Moraine Hills State Park and Dam property and on property at the Bolger Lock and Dam along the Fox River

Fox River Marina, Lake County Forest Preserve Lake County All Fish - 2 Pole and Line Fishing Only; Bank Fishing Only (in areas designated by Lake County Forest Preserve District

Fox Valley Park District Lakes and Ponds (except Jericho Lake and Lake Gregory), Fox Valley Park District Kane and DuPage Counties All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Frank Holten Lakes, Frank Holten State Park St. Clair County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Franklin Creek (within the boundaries of Franklin Creek State Natural Area) Lee County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16463 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Franklin Creek Mill Pond − Franklin Creek State Park, State of Illinois Lee County All Fish - 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Fuller Lake (19) Calhoun County

Fulton County Camping and Recreation Area Waters, Fulton County Board Fulton County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 12"-15" Protected Slot Length Limit (no possession) Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit

Gages Lake, Wildwood Park District Lake County Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Walleye, Sauger, or Hybrid Walleye - 16" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 3 Fish Daily Creel Limit (14)

Garfield Park Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

Gebhard Woods Pond, Gebhard Woods State Park Grundy County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

ILLINOIS REGISTER 16464 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Trout - Spring Closed Season (11)

Germantown Lake, City of Germantown Clinton County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 15 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Giant City Park Ponds, Giant City State Park Jackson and Union Counties All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Largemouth and Spotted Bass - 15" Minimum Length Limit

Gillespie New City Lake, City of Gillespie Macoupin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 12-15" Slot Length Limit (3) Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Gillespie Old City Lake, City of Gillespie Macoupin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Glades − 12 Mile Island Wildlife Management Area (19) Jersey County

Gladstone Lake, Henderson County Conservation Area Henderson County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel or Blue Catfish (14) - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 1 Fish ≥ 15" and/or 2 < 12" Daily (31)

ILLINOIS REGISTER 16465 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Glen Oak Park Lagoon, Peoria Park District Peoria County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Glen Shoals Lake, City of Hillsboro Montgomery County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16)

Godar-Diamond/Hurricane Island Wildlife Management Area (19) Calhoun County

Gompers Park Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

Gordon F. More Park Lake, City of Alton Madison County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Governor Bond Lake, City of Greenville Bond County Channel Catfish - All jugs must be attended at all times while fishing (2) Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit

ILLINOIS REGISTER 16466 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16) White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Grayslake Park District (Grayslake and Park Ponds), City of Grayslake Lake County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Greenfield City Lake, City of Greenfield Greene County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 12"-15" Protected Slot Length Limit (no possession) Large or Smallmouth Bass - 5 Fish < 12" and 1 Fish > 15" Daily Creel Limit

Greenville Old City Lake, Kingsbury Park District Bond County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Trout - Fall Closed Season (10) Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Grove Lake, DuPage County Forest Preserve District DuPage County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Channel Catfish - 12" Minimum Length Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

ILLINOIS REGISTER 16467 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Hanover Lake – Apple River Canyon State Park, State of Illinois Jo Daviess County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Harrisburg New City Reservoir, City of Harrisburg Saline County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16)

Heidecke Lake, Heidecke Lake State Fish and Wildlife Area Grundy County (41) Recreational Use Restrictions - Heidecke Lake shall be closed to all fishing and boat traffic except for legal waterfowl hunters from 10 days prior to duck season through the day before duck season and is closed to all fishing during waterfowl season commencing with regular duck season through the close of the Canada goose and regular duck season - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Black, White, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 12" to 18" Protected Slot (no possession); 1 > 18" and 2 < 12" Daily Creel Limit (46) Pure Muskellunge - 48" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 10 Creel/3 Fish 17" or Longer Daily (17) (16) Walleye, Sauger, or Hybrid Walleye - 16" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 3 Fish Daily Creel Limit (14)

ILLINOIS REGISTER 16468 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Helmbold Slough (19) Calhoun County

Henderson Creek State Fish and Wildlife Area Henderson County Recreational Use Restrictions - It shall be unlawful to trespass upon a designated waterfowl hunting area during the 7 days prior to regular duck season or to fish on such areas during the regular duck season except in areas posted as open to fishing; it shall be unlawful to trespass upon areas designated as waterfowl rest areas or refuges from 2 weeks prior to the start of the regular duck season through the end of duck and Canada Goose season (33)

Hennepin Canal – Mainline & Feeder, Hennepin Canal Parkway State Park Multiple Counties All Fish - 2 Pole and Line Fishing Only (1) (13) Large or Smallmouth Bass - 14" Minimum Length Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Hennepin-Hopper Lakes, The Wetlands Initiative Putnam County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Black, White or Hybrid Crappie - 9" Minimum Length Limit Black, White or Hybrid Crappie (15) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Pure Muskellunge - 42" Minimum Length Limit Walleye, Sauger or Hybrid Walleye - 18" Minimum Length Limit Walleye, Sauger or Hybrid Walleye (14) - 3 Fish Daily Creel Limit

ILLINOIS REGISTER 16469 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Herrin Lake #1, City of Herrin Williamson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Herrin Lake #2, City of Herrin Williamson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Hidden Springs State Forest Pond, Hidden Springs State Forest Shelby County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Highland Old City Lake, City of Highland Madison County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Trout - Fall Closed Season (10)

Hillsboro Old City Lake, City of Hillsboro Montgomery County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 12-15" Slot Length Limit

Homer Guthrie Pond – Eldon Hazlet State Park, State of Illinois Clinton County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16470 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Channel Catfish - 6 Fish Daily Creel Limit Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Homer Lake, Champaign County Forest Preserve District Champaign County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Hormel Pond, Donnelly State Fish and Wildlife Area Bureau County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Horseshoe Lake − Alexander Co., Horseshoe Lake Conservation Area Alexander County Recreational Use Restrictions - Only trolling motors in refuge from October 15-March 1 All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Horseshoe Lake − Madison County, Horseshoe Lake State Park (19) Madison County All Fish - 2 Pole and Line Fishing Only (1) (5) (28) Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit White, Black or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Horsetail Lake, Cook County Forest Preserve District Cook County All Fish - 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed - 15 Fish Daily Creel Limit Sunfish (14)

ILLINOIS REGISTER 16471 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Large or Smallmouth Bass - 14" Minimum Length Limit Trout - Fall Closed Season (10) White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Horton Lake, Nauvoo State Park Hancock County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Humbolt Park Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

Hurricane Pond, Fox Ridge State Park Coles County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 5 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Illinois & Michigan Canal, State of Illinois Grundy/LaSalle/ Will Counties All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Trout - Spring Closed Season (11)

Illinois Beach State Park Ponds, Illinois Beach State Park Lake County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Illinois Department of Transportation Lake, State of Illinois Sangamon County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

ILLINOIS REGISTER 16472 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Illinois River – Pool 26 (19) Calhoun County

Illinois River − Starved Rock and Marseilles Pools LaSalle and Grundy Counties Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit White, Black or Hybrid Crappie (15) - 10 Fish Daily Creel Limit

Illinois River – State of Illinois Multiple Counties Large or Smallmouth Bass - 12" Minimum Length Limit

Indian Boundary South Pond, Frankfort Square Park District Will County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Iroquois & Kankakee Rivers and their Tributaries, State of Illinois Multiple Counties Walleye, Sauger and Hybrid Walleye - 14" Minimum Length Limit Walleye, Sauger and Hybrid Walleye (14) - 18" to 26" Protected Slot (no possession); 3 Fish Daily Creel of which only 1 can be > 26" (47)

Island Pond, Boone County Conservation District Boone County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Jackson Park (Columbia Basin) Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

ILLINOIS REGISTER 16473 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Jericho Lake, Fox Valley Park District Kane County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Black, White, or Hybrid Crappie - 9" Minimum Length Limit Black, White, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Jim Edgar/Panther Creek Fish and Wildlife Area, All Lakes and Ponds, Jim Edgar/Panther Creek Fish and Wildlife Area Cass County Recreational Use Restrictions - All live bait ≥ 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Pure Muskellunge - 48" Minimum Length Limit

Jim Edgar/Panther Creek Fish and Wildlife Area − Drake Lake, Jim Edgar/Panther Creek Fish and Wildlife Area Cass County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Jim Edgar/Panther Creek Fish and Wildlife Area, Gurney Road Pond, Jim Edgar/Panther Creek Fish and Wildlife Area Cass County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Trout - Spring Closed Season (11)

Johnson Sauk Trail Lake & Pond, Johnson Sauk Trail State Park

ILLINOIS REGISTER 16474 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Henry County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Jones Lake Trout Pond, Saline County Conservation Area Saline County Trout - Fall Closed Season (10)

Jones Park Lake, City of East St. Louis St. Clair County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Jones State Lake, Saline County Conservation Area Saline County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14"-18" Protected Slot Length Limit (no possession) (38) Large or Smallmouth Bass (14) - 5 Fish < 14" and 1 Fish > 18" Daily Creel Limit

Jubilee College State Park Pond, Jubilee College State Park Peoria County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Kankakee-Iroquois Rivers and their Tributaries, State of Illinois Multiple Counties Walleye, Sauger, and Hybrid Walleye - 14" Minimum Length Limit Walleye, Sauger, and Hybrid Walleye (14) - 18" to 26" Protected Slot (no possession); 3 Fish Daily Creel of which only 1 can be >

ILLINOIS REGISTER 16475 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

26" (47)

Kankakee River, from the Kankakee Dam to the mouth of the Kankakee River, including tributaries, State of Illinois Multiple Counties Smallmouth Bass - 12"-18" Protected Slot Length Limit (no possession) Smallmouth Bass - 1 Fish > 18" and 2 Fish < 12" Daily Creel Limit (37)

Kaskaskia River Fish and Wildlife Area – Doza Creek Wildlife Management Area (33) St.Clair County

Kendall Co. Lake #1, Kendall County Forest Preserve District Kendall County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Kent Creek Winnebago County Trout - Catch and Release Fishing Only (9)

Kickapoo State Park Lakes & Pond, Kickapoo State Park Vermilion County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) -10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 12"-15" Protected Slot Length Limit (no possession); 3 Fish Daily Creel Limit of which no more than 1 fish may be ≥ 15" and no more than 2 may be < 12" (31)

Kincaid City Reservoir, City of Kincaid Christian County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit

ILLINOIS REGISTER 16476 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Large or Smallmouth Bass - 15" Minimum Length Limit

Kinkaid Lake, Kinkaid Lake State Fish and Wildlife Area Jackson County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) Large or Smallmouth Bass - 16" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Pure Muskellunge - 48" Minimum Length Limit (40) White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Kinmundy Reservoir, City of Kinmundy Marion County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Kishwaukee River and South Branch of Kishwaukee River and Tributaries, State of Illinois Multiple Counties Smallmouth Bass - 14" Minimum Length Limit

Lake Atwood, McHenry County Conservation District McHenry County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Trout - Spring Closed Season (11)

Lake Bloomington, City of Bloomington McLean County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16)

ILLINOIS REGISTER 16477 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

White, Black or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Lake Carlton, Morrison-Rockwood State Park Whiteside County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Pure Muskellunge - 36" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Lake Chaminwood, Will County Forest Preserve District Will County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 15 Fish Daily Creel Limit Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Lake Co. Forest Preserve District Lakes (except Independence Grove Lake), Lake County Forest Preserve District Lake County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Large Smallmouth Bass (14) - 1 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 16" Minimum Length Limit

Lake Decatur, City of Decatur Macon County All Fish - 2 Pole and Line Fishing Only (1) (29) (36) White, Black, or Hybrid Crappie - 10" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Lake Depue Fish and Wildlife Area (33) Bureau County

ILLINOIS REGISTER 16478 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Lake Eureka, City of Eureka Woodford County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Lake George, Loud Thunder Forest Preserve Rock Island County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Pure Muskellunge - 36" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 1 Fish Daily Creel Limit (16) White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Lake Jacksonville, City of Jacksonville Morgan County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16) White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit

Lake Kakusha, City of Mendota LaSalle County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

ILLINOIS REGISTER 16479 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Lake Le-Aqua-Na Kids Only Fishing Pond, Lake Le-Aqua-Na State Park Stephenson County Recreational Use Restrictions - Only kids under 16 years of age permitted to fish Channel Catfish - 1 Fish Daily Creel Limit Bluegill or Redear Sunfish and Their - 10 Fish Daily Creel Limit Hybrids

Lake Le-Aqua-Na, Lake Le-Aqua-Na State Park Stephenson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit

Lake Mendota, City of Mendota LaSalle County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 1 Fish > 15" &/or 2 < 12" Daily (31)

Lake Michigan (Illinois Portion), State of Illinois Lake/Cook Counties Trout and Salmon - 10" Minimum Length Limit Trout and Salmon - No more than 5 fish of any one species daily, except for Lake Trout Lake Trout - 2 Fish Daily Creel Limit Yellow Perch - 15 Fish Daily Creel Limit Yellow Perch - Closed During July (exception: 10 fish daily limit during July for youth under age 16) Large or Smallmouth Bass - 21" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Lake Whitefish and Round Whitefish - 12 Fish (in aggregate) Daily Creel Limit

Lake Milliken, Des Plaines Conservation Area Will County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16480 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Trout - Spring Closed Season (11)

Lake Mingo & Kennekuk Cove Park Ponds, Vermilion County Conservation Area Vermilion County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (44) Bluegill or Redear Sunfish (14) - No more than 5 fish > 7" permitted; unlimited daily creel for fish 7" and under Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Pure Muskellunge - 48" Minimum Length Limit (40) White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Lake Murphysboro, Lake Murphysboro State Park Jackson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Lake Nellie, City of St. Elmo Fayette County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Lake of the Woods & Elk's Pond, Champaign County Forest Preserve District Champaign County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - No more than 5 fish > 7" permitted; unlimited daily creel for fish ≤ 7" Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

ILLINOIS REGISTER 16481 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Trout - Spring Closed Season (11)

Lake Owen, Hazel Crest Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Lake Paradise, City of Mattoon Coles County All Fish - 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass - 14" Minimum Length Limit

Lake Sara, City of Effingham Effingham County Large or Smallmouth Bass - 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Lake Shelbyville (21), U.S. Army Corps of Engineers Moultrie/Shelby Counties Recreational Use Restrictions - During the regular waterfowl season, no bank or boat fishing shall be permitted on the Kaskaskia River from the Strickland Boat Access north to the Illinois Central Railroad Bridge from one-half hour before sunrise to 1 p.m. - All live bait > 8" must be rigged with a quick set rig (43) Large or Smallmouth Bass - 14" Minimum Length Limit Pure Muskellunge - 48" Minimum Length Limit (40) White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit with only 5 Fish < 10" and 10 Fish ≥ 10" permitted

Lake Shelbyville – U.S. Army Corps of Engineers Project Ponds and Wood Lake, and Lake Shelbyville State Fish and Wildlife Management Area Ponds (33) Moultrie/Shelby Counties All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

ILLINOIS REGISTER 16482 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit with only 5 Fish < 10" and 10 Fish ≥ 10" permitted

Lake Shermerville, Northbrook Park District Cook County All Fish - 2 Pole and Line Fishing Only Channel Catfish - 6 Fish Daily Creel Limit

Lake Sinnissippi (33) Whiteside County

Lake Springfield, City of Springfield Sangamon County All Fish - 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass - 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 10" Minimum Length Limit

Lake Storey, City of Galesburg Knox County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (5) Bluegill and Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel or Blue Catfish (14) - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 1 Fish > 15" and/or 5 < 12" Daily (12) Pure Muskellunge - 42" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 3 Fish Daily Creel Limit (14)

Lake Strini, Village of Romeoville Will County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Lake Sule, Flagg-Rochelle Park District Ogle County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick

ILLINOIS REGISTER 16483 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 5 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Pure Muskellunge - 36" Minimum Length Limit White, Black or Hybrid Crappie (15) - 10 Fish Daily Creel Limit

Lake Taylorville, City of Taylorville Christian County Large or Smallmouth Bass - 15" Minimum Length Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Lake Vandalia, City of Vandalia Fayette County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16)

Lake Vermilion, Vermilion County Conservation District Vermilion County All Fish - 2 Pole and Line Fishing Only (1) (26) (except that sport fishermen may take carp, carpsuckers, buffalo, gar, bowfin, and suckers by pitchfork, gigs, bow and arrow or bow and arrow devices north of Boiling Springs Road, but not within 300 feet around the wetland boardwalk) Large or Smallmouth Bass - 15" Minimum Length Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Lake Victoria, City of South Beloit Winnebago County

ILLINOIS REGISTER 16484 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Lake Williamsville, City of Williamsville Sangamon County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

LaSalle Lake, LaSalle Lake State Fish and Wildlife Area LaSalle County Recreational Use Restrictions - Waterfowl refuge or hunting area; site regulations apply All Fish - 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 10 Creel/3 Fish ≥ 17" Daily (17) (16)

Levings Lake, Rockford Park District Winnebago County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Lincoln Log Cabin Pond, Lincoln Log Cabin Historical Site Coles County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Lincoln Park North Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

ILLINOIS REGISTER 16485 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Lincoln Park South Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

Lincoln Trail Lake, Lincoln Trail State Park Clark County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14-18" Slot Length Limit (14" to 18" protected) Large or Smallmouth Bass (14) - 4 Creel/1 Fish > 18" Daily (daily Catch Limit for large or smallmouth bass, singly or in the aggregate, shall not exceed 4 fish per day, no more than one of which shall be > 18" in length)

Litchfield City Lake, City of Litchfield Montgomery County Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit – 1 Fish ≥ 15" and 2 Fish < 15" Total Length (25) White, Black or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Loami Reservoir, City of Loami Sangamon County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Lou Yeager Lake, City of Litchfield Montgomery County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Mackinaw Ponds 1, 2, and 3, Mackinaw State Fish and Wildlife Area Tazewell County Large or Smallmouth Bass - 15" Minimum Length Limit

ILLINOIS REGISTER 16486 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Macon County Conservation District Ponds (see also Rock Springs Pond and Rock Springs Bike Trail Pond), Macon County Conservation District Macon County All Fish - 2 Pole and Line Fishing Only (1)

Mallard Lake, DuPage County Forest Preserve District DuPage County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Channel Catfish - 12" Minimum Length Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Pure Muskellunge - 48" Minimum Length Limit (40) Walleye, Sauger, or Hybrid Walleye - 16" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye (14) - 3 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Maple Lake, Cook County Preserve District Cook County All Fish - 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed - 15 Fish Daily Creel Limit Sunfish (14) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Marine Heritage Lake, Village of Marine Madison County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

ILLINOIS REGISTER 16487 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Marissa City Lake, City of Marissa St. Clair County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Marquette Park Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

Marshall County Conservation Area (Fishing Ditch), Marshall County Conservation Area (33) Marshall County All Fish - 2 Pole and Line Fishing Only (1)

Marshall County Conservation Area – Sparland Unit (33) Marshall County

Mascoutah Reservoir, City of Mascoutah St. Clair County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Matthiessen Lake, Matthiessen State Park LaSalle County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel limit Large or Smallmouth Bass - 14" Minimum Length Limit

Mattoon Lake, City of Mattoon Coles County All Fish - 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass - 14" Minimum Length Limit

Mautino Fish and Wildlife Area, Mautino Fish and Wildlife Area Bureau County All Fish - 2 Pole and Line Fishing Only (1) (34)

ILLINOIS REGISTER 16488 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Mauvaise Terre/Morgan Lake, City of Jacksonville Morgan County Large or Smallmouth Bass - 15" Minimum Length Limit

Mazonia Lakes & Ponds (excluding Ponderosa Lake), Mazonia State Fish and Wildlife Area (33) Grundy/Kankakee/Will Counties All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit White, Black or Hybrid Crappie (15) - 10 Fish Daily Creel Limit

McCullom Lake, City of McHenry McHenry County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

McKinley Park Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

McLeansboro City Lakes, City of McLeansboro Hamilton County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Mechanicsburg Park Pond, City of Mechanicsburg Sangamon County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16489 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Meredosia Lake – Cass County Portion Only (meandered waters only) (33) Cass County

Meredosia Lake, Cass County Portion Cass County Recreational Use Restrictions - Meandered waters only; All boat traffic is prohibited from operating on meandered waters (except non-motorized boats may be used to assist in the retrieval of waterfowl shot from private land) from the period from one week before waterfowl season opens until the season closes; hunting and/or any other activity is prohibited during the period from one week before waterfowl season opens until the season closes

Mermet State Lake, Mermet Lake Conservation Area (33) Massac County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Middle Fork Forest Preserve Pond, Champaign County Forest Preserve Champaign County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Middle Fork of the Vermilion River, Kickapoo State Park and Middle Fork Fish and Wildlife Area Vermilion County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16490 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Mill Creek Lake, Clark County Park District Clark County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 2 Fish < 15" and 1 fish ≥ 15" daily (25)

Pure Muskellunge - 42" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit, of which only 2 fish can be 12" or longer

Mill Pond, Pearl City Park District Stephenson County All Fish - 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Mill Race Ponds, Belvidere Park District Boone County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Trout - Spring Closed Season (11)

Miller Park Lake, Bloomington Park District McLean County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Trout - Spring Closed Season (11)

Mineral Springs Park Lagoon, City of Pekin Tazewell County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Trout - Fall Closed Season (10)

ILLINOIS REGISTER 16491 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Mississippi River Pools 16, 17, 18, 21, 22, 24 (33) Multiple Counties

Mississippi River Pools 25 and 26 (19) Multiple Counties

Mississippi River (between IL & IA), State of Illinois Multiple Counties Recreational Use Restrictions - Any tagged sport fishing device may not be left unattended for more than 24 hours or must be completely removed - Maximum treble hook size is 5/0; gaffs may not be used to land paddlefish All Fish - Anglers must not use more than 2 poles and each pole must not have more than 2 hooks or lures while trolling Bluegill or Pumpkinseed Sunfish - 25 Fish Daily Creel Limit singly or in aggregate Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 5 Fish Daily Creel Limit Northern Pike - 5 Fish Daily Creel Limit Paddlefish - Snagging for paddlefish is permitted from ½ hour before sunrise to ½ hour after sunset daily, March 1 through April 15 within a 500 yard downstream limit below locks and dams on the Mississippi River between Illinois and Iowa; daily catch limit is 2 fish; the maximum length limit for paddlefish taken from the Mississippi River between Illinois and Iowa is 33" eye-fork length (EFL) (all paddlefish ≥ to 33" EFL must be immediately released back to the Mississippi River); no sorting allowed; once the daily limit of paddlefish has been reached, snagging must cease Rock Bass - 25 Fish Daily Creel Limit Striped, White, Yellow or Hybrid - 25 Fish Daily Creel Limit singly or in Striped Bass aggregate – statewide regulation limiting daily creel to 3 fish ≥ 17" is not in effect on

ILLINOIS REGISTER 16492 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

the Mississippi River between Illinois and Iowa Walleye and Sauger (14) - 6 Fish Daily Creel Limit with no more than 1 walleye > 27" in total length Walleye - 15" Minimum Length Limit with a 20-27" Protected Slot Length Limit (24) White, Black or Hybrid Crappie (15) - 25 Fish Daily Creel Limit singly or in aggregate Yellow Perch - 25 Fish Daily Creel Limit

Mississippi River (between IL & MO), State of Illinois Multiple Counties Recreational Use Restrictions - Boating prohibited on refuge area (Ellis Bay) immediately upstream of Melvin Price Lock and Dam 26 overflow dike from October 15-April 15 - Any tagged sport fishing device may not be left unattended for more than 24 hours or must be completely removed All Nongame Species Combined - 100 Total Fish Daily Creel Limit (Excludes endangered and threatened species and the following game species: Crappie, Channel/Blue/ Flathead Catfish, Rock Bass, Warmouth, White/Yellow/Striped/ Hybrid Striped Bass, Trout, Largemouth/Smallmouth/Spotted Bass, Muskellunge, Northern Pike, Chain/Grass Pickerel, Walleye, Sauger, Paddlefish) Channel or Blue Catfish (14) - 20 Fish Daily Creel Limit Flathead Catfish - 10 Fish Daily Creel Limit Largemouth, Smallmouth, Spotted Bass - 12" Minimum Length Limit or Northern Pike - 1 Fish Daily Creel Limit Paddlefish - 24" Eye to Fork Minimum Length Limit Paddlefish - Snagging for paddlefish is permitted from September 15 though December 15 and March 15 through May 15 within a 300 yard downstream limit below locks and

ILLINOIS REGISTER 16493 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

dams on the Mississippi River between Illinois and Missouri except for the Chain of Rocks low water dam at Chouteau Island, also known as Dam 27 at the Chain of Rocks (Madison County) where no snagging is permitted; daily catch limit is 2 fish; sorting is permitted; every paddlefish ≥ 24 " in eye to fork length must be taken into immediate possession and included in the daily catch limit; paddlefish < 24" eye to fork length must be returned immediately to the water; once the daily limit of paddlefish has been reached, snagging must cease Striped, White, Yellow or Hybrid - 30 Fish Daily Creel Limit singly or in Striped Bass aggregate – statewide regulation limiting daily creel to 3 fish ≥ 17" is not in effect on the Mississippi River between Illinois and Missouri Walleye and Sauger (14) - 8 Fish Daily Creel Limit White, Black or Hybrid Crappie (15) - 30 Fish Daily Creel Limit

Monee Reservoir, Will County Forest Preserve District Will County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Montrose Lake, City of Montrose Cumberland County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Mt. Olive City Lakes (Old and New), City of Mt. Olive Macoupin County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16494 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Mt. Pulaski Park District Lake, Mt. Pulaski Park District Logan County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit

Mt. Sterling Lake, City of Mt. Sterling Brown County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 12-15" Slot Length Limit (3)

Mt. Vernon City Park Lake, City of Mt. Vernon Jefferson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Mt. Vernon Game Farm Pond, Mt. Vernon Game Farm Jefferson County All Fish - 2 Pole and Line Fishing Only (1) Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Mundelein Park District Ponds , City of Mundelein Lake County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Nashville City Lake, City of Nashville Washington County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

ILLINOIS REGISTER 16495 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Large or Smallmouth Bass - 18" Minimum Length Limit

Newton Lake, Newton Lake State Fish and Wildlife Area (41) (33) Jasper County Recreational Use Restrictions - The cold water arm of Newton Lake shall be closed daily from one-half hour before sunrise until 1:00 p.m. to all fishing and boat traffic except for legal waterfowl hunters during waterfowl season commencing with regular duck season through the close of the Canada goose and regular duck season; fishing tournaments prohibited from June 1 through August 31 All Fish - 2 Pole and Line Fishing Only (1) (5) Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 10" Minimum Length Limit

Norris City Reservoir, City of Norris City White County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Oakland City Lake, City of Oakland Coles County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Oblong Lake, City of Oblong Crawford County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Ohio River (between Illinois & Kentucky), State of Illinois

ILLINOIS REGISTER 16496 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Multiple Counties Large or Smallmouth Bass - 12" Minimum Length Limit Northern Pike - No Length or Creel Limit Muskie or Tiger Muskie - 2 Fish Daily Creel Limit Muskie or Tiger Muskie - 30" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye (14) - 10 Fish Daily Creel Limit White, Black, or Hybrid Crappie (15) - 30 Fish Daily Creel Limit Striped, White, Yellow or Hybrid - 30 Creel/4 Fish ≥ 15" Daily (32) Striped Bass

Ohio River – Smithland Pool Tributary Streams (in Pope/Hardin/Gallatin Counties, excluding Wabash River and Saline River Above Route 1 Bridge) Multiple Counties Large and Smallmouth Bass - 12" Minimum Length Limit

Old Kinmundy Reservoir, City of Kinmundy Marion County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Olsen Lake, Rock Cut State Park Winnebago County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Omaha City Reservoir, City of Omaha Gallatin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Omaha Township Reservoir, City of Omaha Gallatin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

ILLINOIS REGISTER 16497 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Otter Lake, Otter Lake Water Commission Macoupin County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Striped, White, or Hybrid Striped Bass - 10 Creel/3 Fish ≥ 17" (17) (16) Pure Muskellunge - 48" Minimum Length Limit (40)

Palmissano Pond (Stern's Park Quarry), Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) All Fish - Catch and Release Fishing Only (9)

Palmyra – Modesto Water Commission Lake, Palmyra/Modesto Water Commission Macoupin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Pana Lake, City of Pana Shelby and Christian Counties Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Paris East & West Lakes, City of Paris Edgar County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

ILLINOIS REGISTER 16498 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Peabody River King, Pit #3 Lakes and Ponds, River King State Conservation Area (see also Willow Lake for additional regulations) St Clair County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit

Pecatonica River and Tributaries, State of Illinois Winnebago/Stephenson Counties Smallmouth Bass - 14" Minimum Length Limit

Perry Farm Pond, Bourbonnais Park District Kankakee County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Piasa (19) Madison/Jersey Counties

Pierce Lake, Rock Cut State Park Winnebago County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (7) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Pure Muskellunge - 48" Minimum Length Limit (40) White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Pinckneyville Lake, City of Pinckneyville Perry County Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Pine Creek

ILLINOIS REGISTER 16499 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Ogle County Trout - Spring Closed Season (11)

Pine Creek (within the boundaries of White Pines Forest State Park) Ogle County All Fish - 2 Pole and Line Fishing Only (1) Trout - Spring Closed Season (11)

Pine Lake, Village of University Park Will County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Piscasaw Creek McHenry County Trout - 9" Minimum Length Limit Trout - Spring Closed Season (11)

Pittsfield City Lake, City of Pittsfield Pike County All Fish - 2 Pole and Line Fishing Only (1) (7) Large or Smallmouth Bass - 14" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16)

Pocahontas Park Ponds, City of Pocahontas Bond County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Ponderosa Lake, Mazonia State Fish and Wildlife Area (33) Grundy County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit White, Black or Hybrid Crappie (15) - 10 Fish Daily Creel Limit

ILLINOIS REGISTER 16500 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Powerton Lake, Powerton Lake Fish and Wildlife Area (39) Tazewell County Recreational Use Restrictions - Powerton Lake shall be closed to boat traffic except for legal waterfowl hunters from one week prior to regular waterfowl season to February 15, and closed to all unauthorized entry during regular Canada goose and duck season All Fish - 2 Pole and Line Fishing Only (1) Channel or Blue Catfish (14) - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Striped, White, or Hybrid Striped Bass - 10 Creel/3 Fish ≥ 17" Daily (17) (16) Walleye, Sauger, or Hybrid Walleye (14) - 3 Fish Daily Creel Limit Walleye, Sauger, or Hybrid Walleye - 18" Minimum Length Limit

Prospect Pond, City of Moline Rock Island County Trout - Fall Closed Season (10)

Pyramid State Park – Blue Wing Lake, Green Wing Lake and Goldeneye Lake, Pyramid State Park Perry County Recreational Use Restrictions - Waterfowl Hunting Area (from October 28 through February 28 fishing is permitted in designated areas only, and fishing hours are from ½ hour before sunrise to 2 p.m.) - All live bait in excess of 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (5) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14 to 18" Protected Slot (no possession) Large or Smallmouth Bass (14) - 1 Fish > 18" and 5 Fish < 14" (40) Pure Muskellunge - 48" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

ILLINOIS REGISTER 16501 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Pyramid State Park – Captain, Denmark, Galum and East Conant Areas – All Lakes and Ponds except Blue Wing Lake, Green Wing Lake and Goldeneye Lake, Pyramid State Park Perry County Recreational Use Restrictions - Waterfowl Refuge or Hunting Area (all use other than waterfowl hunting prohibited from October 28 through February 28) - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (5) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" to 18" Protected Slot (no possession) Large or Smallmouth Bass (14) - 1 Fish > 18" and 5 Fish < 14" (40) Pure Muskellunge - 48" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit

Pyramid State Park Lakes & Ponds (excluding Captain, Denmark, Gallum and East Conant Areas), Pyramid State Park Perry County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" to 18" Protected Slot (no possession) Large or Smallmouth Bass (14) - 1 Fish > 18" and 5 Fish < 14" (40)

Raccoon Lake, City of Centralia Marion County Large or Smallmouth Bass - 15" Minimum Length Limit

Ramsey Lake, Ramsey Lake State Park Fayette County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit

Ramsey Lake State Park Ponds, Ramsey Lake State Park Fayette County

ILLINOIS REGISTER 16502 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Randolph County Lake, Randolph County Conservation Area Randolph County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Trout - Fall Closed Season (10)

Red Hills Lake, Red Hills State Park Lawrence County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Red's Landing Wildlife Management Area (19) Calhoun County (Walk-in area closed to trespassing 7 days prior to duck season)

Redwing Slough/Deer Lake (33) Lake County

Rend Lake, U.S. Army Corps of Engineers (22) (33) Franklin and Jefferson Counties Channel Catfish - All jugs must be attended at all times while fishing (2) Large or Smallmouth Bass - 14" Minimum Length Limit Striped, White, Yellow, or Hybrid Striped - 20 Creel/3 Fish ≥ 17" Daily Bass (8) White, Black or Hybrid Crappie (15) - 25 Creel/10 Fish ≥ 10" Daily

Rend Lake Project Ponds – Jackie Branch Pond, Ina N. Borrow Pit, Green Heron Pond, North Marcum Campground Pond, U.S. Army Corps of Engineers Franklin and Jefferson Counties All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit

ILLINOIS REGISTER 16503 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Rice Lake Fish and Wildlife Area (33) Fulton County

Ridge Lake, Fox Ridge State Park Coles County All Fish - 2 Pole and Line Fishing Only (1) (27) Channel Catfish - 14" Minimum Length Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Riis Park Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

Riprap Landing (19) Calhoun County

River Bend Forest Preserve Lakes (Sunset Lake and Shadow Lake), Champaign County Forest Preserve District Champaign County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish - 8" Minimum Length Limit Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit

Riverside Park Lagoon, Moline Park District Rock Island County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Rochester Park Pond, City of Rochester

ILLINOIS REGISTER 16504 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Sangamon County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Rock Creek, State of Illinois Kankakee County Trout - Spring Closed Season (11)

Rock River, from the Sears and Steel Dam downstream to confluence of the Mississippi River, State of Illinois Rock Island County Walleye - 15" Minimum Length Limit with a 20-27" Protected Slot Length Limit (24) Walleye and Sauger (14) - 6 Fish Daily Creel Limit with no more than 1 walleye > 27" in total length

Rock River, Wisconsin State Line downstream to confluence of the Mississippi River, including tributaries, State of Illinois Multiple Counties Smallmouth Bass - 14" Minimum Length Limit

Rock Springs Bike Trail Pond, Macon County Conservation District Macon County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Rock Springs Pond, Macon County Conservation District Macon County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Trout - Fall Closed Season (10)

ILLINOIS REGISTER 16505 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Roodhouse Park Lake, City of Roodhouse Green County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Route 6 Quarries (East and West), Will County Forest Preserve District Will County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 15 Fish Daily Creel Limit Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Route 154 Day Use Pond, State of Illinois Randolph County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Sag Quarry East, Cook County Forest Preserve District Cook County Bluegill, Redear, or Pumpkinseed Sunfish - 15 Fish Daily Creel Limit (14) Rainbow Trout - Spring Closed Season (11) White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Sahara Woods Fish and Wildlife Area, State of Illinois Saline County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 15 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

St. Elmo South Lake, City of St. Elmo Fayette County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16506 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Salem Reservoir, City of Salem Marion County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Sam Dale Lake, Sam Dale Conservation Area Wayne County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Pure Muskellunge - 48" Minimum Length Limit

Sam Dale Trout Pond, Sam Dale Conservation Area Wayne County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Sam Parr Lake, Sam Parr State Park Jasper County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Sand Lake, Illinois Beach State Park Lake County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Trout - Fall Closed Season (10)

ILLINOIS REGISTER 16507 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Trout - Spring Closed Season (11)

Sanganois Conservation Area (33) (42) Mason/Cass/Schuyler/Menard Counties Large or Smallmouth Bass - 12" Minimum Length Limit

Sangchris Lake, Sangchris Lake State Park Christian/Sangamon Counties Recreational Use Restrictions - Posted waterfowl refuge closed to all boat traffic during waterfowl season. Bank fishing along the dam shall be permitted. Fishing shall be prohibited in the east and west arms of the lake during the period from 10 days prior to the duck season through the end of the duck season. Fishing shall be prohibited in the west arm of the lake and the east arm of the lake south of the power lines during that portion of the Canada goose season that follows the duck season All Fish - 2 Pole and Line Fishing Only (1) (45) Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 10" Minimum Length Limit

Sangchris Lake Park Ponds, Sangchris Lake State Park Sangamon County All Fish - 2 Pole and Line Fishing Only (1)

Schiller Pond, Cook County Forest Preserve District Cook County All Fish - 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed Sunfish - 15 Fish Daily Creel Limit (14) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

ILLINOIS REGISTER 16508 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Schuy-Rush Lake, City of Rushville Schuyler County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit White, Black or Hybrid Crappie - 9" Minimum Length Limit

Senior Citizen's Pond, Kankakee River State Park Kankakee County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Sesser City Lake, City of Sesser Franklin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Shabbona Lake, Shabbona Lake State Park DeKalb County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (48)(7) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Pure Muskellunge - 48" Minimum Length Limit (40) Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass (16) - 3 Fish Daily Creel Limit Walleye, Sauger, or Hybrid Walleye - 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit

Shawnee National Forest Lakes and Ponds less than 10 acres, U.S. Forest Service Multiple Counties All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Largemouth, Smallmouth or Spotted Bass - 15" Minimum Length Limit

ILLINOIS REGISTER 16509 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Shawnee National Forest – Bay Creek Lake #5 and #8 (Sugar Creek Lake), U.S. Forest Service Pope County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Largemouth, Smallmouth and Spotted Bass - 15" Minimum Length Limit

Shawnee National Forest – Dutchman Lake, U.S. Forest Service Johnson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Largemouth, Smallmouth or Spotted Bass - 15" Minimum Length Limit

Shawnee National Forest – Lake Glendale, U.S. Forest Service Pope County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Largemouth, Smallmouth or Spotted Bass - 15" Minimum Length Limit

Shawnee National Forest – Little Cache #1, U.S. Forest Service Johnson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Largemouth or Smallmouth Bass - 15" Minimum Length Limit

Shawnee National Forest – Little Cedar Lake, U.S. Forest Service Jackson County All Fish - 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass - 14"-18" Protected Slot Length Limit (no possession) Large or Smallmouth Bass (14) - 5 Fish < 14" and 1 Fish > 18" Daily Creel Limit (38) Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16)

Shawnee National Forest – One Horse Gap Lake, U.S. Forest Service Pope County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

ILLINOIS REGISTER 16510 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Largemouth, Smallmouth or Spotted Bass - 15" Minimum Length Limit

Shawnee National Forest – Pounds Hollow Lake, U.S. Forest Service Gallatin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Largemouth, Smallmouth or Spotted Bass - 15" Minimum Length Limit

Shawnee National Forest – Tecumseh Lake, U.S. Forest Service Hardin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Largemouth, Smallmouth or Spotted Bass - 15" Minimum Length Limit

Shawnee National Forest – Turkey Bayou, U.S. Forest Service Jackson County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Largemouth, Smallmouth or Spotted Bass - 15" Minimum Length Limit

Shawnee National Forest – Whoopie Cat Lake, U.S. Forest Service Hardin Counties All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Largemouth, Smallmouth or Spotted Bass - 15" Minimum Length Limit

Sherman Park Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

Siloam Springs Lake, Siloam Springs State Park Adams County All Fish - 2 Pole and Line Fishing Only (1) (7) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 12-15" Slot Length Limit (3) Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

ILLINOIS REGISTER 16511 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Siloam Springs State Park Buckhorn Unit Waters, Siloam Springs State Park Brown County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Bluegill or Redear Sunfish - 8" Minimum Length Limit Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Silver Lake, City of Highland Madison County Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Silver Lake, DuPage County Forest Preserve District Dupage County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Channel Catfish - 12" Minimum Length Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Trout - Spring Closed Season (11) Walleye, Sauger, or Hybrid Walleye - 16" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye (14) - 3 Fish Daily Creel Limit White, Black or Hybrid Crappie - 9" Minimum Length Limit White, Black or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Silver Springs S.P. (Big Lake) & Ponds, Silver Springs State Fish and Wildlife Area Kendall County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Skokie Lagoons, Cook County Forest Preserve District Cook County All Fish - 2 Pole and Line Fishing Only (1) (36) Bluegill, Redear, or Pumpkinseed Sunfish - 15 Fish Daily Creel Limit

ILLINOIS REGISTER 16512 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

(14) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Snakeden Hollow State Fish and Wildlife Area – McMaster Lake & Other Site Waters, State of Illinois Knox County Recreational Use Restrictions - Waterfowl Refuge or Hunting Area (all use other than waterfowl hunting prohibited from 14 days prior to duck season through the end of the central zone Canada goose season) - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit with only one fish ≥ 15" Pure Muskellunge - 42" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye (14) - 3 Fish Daily Creel Limit White, Black, or Hybrid Crappie (15) - 5 Fish Daily Creel Limit

Sparta City Lakes, City of Sparta Randolph County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Sparta City Reservoir (South), City of Sparta Randolph County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Bluegill or Redear Sunfish (14) - 15 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Sparta "T" Lake, City of Sparta

ILLINOIS REGISTER 16513 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Randolph County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish - 8" Minimum Length Limit Bluegill or Redear Sunfish (14) - 15 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit

Sparta World Shooting and Recreational Complex − Derby Lake, State of Illinois Randolph County All Fish - 2 Pole and Line Fishing Only (1) Bluegill and Redear Sunfish (14) - 15 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large and Smallmouth Bass - 18" Minimum Length Limit Large and Smallmouth Bass (14) - 1 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 10" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Sparta World Shooting and Recreational Complex Lakes, State of Illinois Randolph County All Fish - 2 Pole and Line Fishing Only (1) Bluegill and Redear Sunfish (14) - 15 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large and Smallmouth Bass - 18" Minimum Length Limit Large and Smallmouth Bass (14) - 1 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 10" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 10 Fish Daily Creel Limit

Spencer Lake, Boone County Conservation District Boone County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

ILLINOIS REGISTER 16514 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Sportsmans' Club Pond, Macon County Conservation District Macon County All Fish - 2 Pole and Line Fishing Only (1) Trout - Spring Closed Season (11)

Spring Lake, City of Macomb McDonough County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16)

Spring Lakes (North & South), Spring Lake Conservation Area (33) Tazewell County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Pure Muskellunge - 48" Minimum Length Limit (40) White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit

Spring Pond, Flagg-Rochelle Park District Ogle County All Fish - 2 Pole and Line Fishing Only (1) Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Starved Rock State Park (33) LaSalle County

Staunton City Lake, City of Staunton

ILLINOIS REGISTER 16515 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Macoupin County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Pure Muskellunge - 36" Minimum Length Limit

Stephen A. Forbes State Park (33) (see also Forbes State Lake and Forbes State Park Ponds) Marion County

Sterling Lake, Lake County Forest Preserve District Lake County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Pure Muskellunge - 48" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 16" Minimum Length Limit

Storm Lake, DeKalb Park District DeKalb County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Stump Lake Wildlife Management Area (19) Jersey County

Tampier Lake, Cook County Forest Preserve District Cook County All Fish - 2 Pole and Line Fishing Only (36) Bluegill, Redear, or Pumpkinseed Sunfish - 15 Fish Daily Creel Limit (14) Channel Catfish - 6 Fish Daily Creel Limit

ILLINOIS REGISTER 16516 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Large or Smallmouth Bass - 14" Minimum Length Limit Walleye, Sauger, or Hybrid Walleye - 18" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Taylorville Park District Pond, Taylorville Park District Christian County All Fish - 2 Pole and Line Fishing Only (1) Trout - Spring Closed Season (11) Trout - Fall Closed Season (10)

Ten Mile Creek Lakes, Ten Mile Creek State Fish and Wildlife Area Hamilton/Jefferson Counties (Areas designated as waterfowl rest areas are closed to all access during the Canada goose season only) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Three Oaks North Lake, City of Crystal Lake McHenry County All Fish - 2 Pole and Line Fishing Only (1) All Fish - Catch and Release Fishing Only (9)

Three Oaks South Lake, City of Crystal Lake McHenry County All Fish - 2 Pole and Line Fishing Only (1) All Fish - Catch and Release Fishing Only (9)

Tilton City Lake, City of Tilton Vermilion County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Bluegill or Redear Sunfish (14) - 15 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Toledo Reservoir, City of Toledo Cumberland County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16517 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Channel Catfish - 6 Fish Daily Creel Limit

Tri-Township Park Pond, City of Troy Madison County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 10 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Turkey Bluff Ponds, State of Illinois Randolph County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large and Smallmouth Bass - 15" Minimum Length Limit Large and Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Turner Lake, Chain O'Lakes State Park Lake County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Turtle Lake (East Lake Renwick), Will County Forest Preserve District Will County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Bluegill or Redear Sunfish (14) - 15 Fish Daily Creel Limit

Tuscola City Lake, City of Tuscola Douglas County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Union County Fish and Wildlife Area – All lakes and ponds

ILLINOIS REGISTER 16518 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Union County (All fishing and boat traffic prohibited from October 15 through the last day of February) All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit

Valley Lake, Wildwood Park District Lake County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Valmeyer Lake, City of Valmeyer Monroe County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Vanhorn Woods Pond, Plainfield Park District Will County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Vernor Lake, City of Olney Richland County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Villa Grove East Lake, City of Villa Grove Douglas County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Villa Grove West Lake, City of Villa Grove

ILLINOIS REGISTER 16519 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Douglas County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 1 Fish Daily Creel Limit (16) Trout - Fall Closed Season (10)

Virginia City Reservoir, City of Virginia Cass County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Waddams Creek Stephenson County Trout - Spring Closed Season (11)

Walnut Point Lake, Walnut Point State Fish and Wildlife Area Douglas County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 20 Fish (either singly or in aggregate) Daily Creel Limit, of which only 5 fish can be ≥ 8" Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 12-15" Slot Length Limit (3)

Walton Park Lake, City of Litchfield Montgomery County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Wampum Lake, Cook County Forest Preserve District Cook County All Fish - 2 Pole and Line Fishing Only (1) (36)

ILLINOIS REGISTER 16520 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Bluegill, Redear, or Pumpkinseed Sunfish - 15 Fish Daily Creel Limit (14) Large or Smallmouth Bass - 14" Minimum Length Limit White, Black, or Hybrid Crappie (15) - 15 Fish Daily Creel Limit

Washington County Lake, Washington County Conservation Area Washington County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 17" Minimum Length Limit Striped, White, or Hybrid Striped Bass - 3 Fish Daily Creel Limit (16)

Washington Park Lagoon, Chicago Park District Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 4 Fish Daily Creel Limit

Washington Park Pond, Springfield Park District Sangamon County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit Trout - Fall Closed Season (10) Trout - Spring Closed Season (11)

Watseka City Ponds (Clements Pond, Kapers Pond and Municipal Center Pond), City of Watseka Iroquois County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 3 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit White, Black, or Hybrid Crappie (14) - 10 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

Waverly Lake, City of Waverly Morgan County All Fish - 2 Pole and Line Fishing Only (1)

ILLINOIS REGISTER 16521 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit

Weinberg-King Pond, Weinberg-King State Park Schuyler County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

Weldon Springs Lake, Weldon Springs State Park DeWitt County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

West Frankfort New City Lake, City of West Frankfort Franklin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

West Frankfort Old City Lake, City of West Frankfort Franklin County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit

West Salem Reservoir, City of West Salem Edwards County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Whalon Lake, Forest Preserve District of Will County Will County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 15 Fish Daily Creel Limit Channel Catfish - 3 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit

ILLINOIS REGISTER 16522 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

White Hall City Lake, City of White Hall Greene County All Fish - 2 Pole and Line Fishing Only (1) (5) Channel Catfish - 6 Fish Daily Creel Limit

Wilderness Pond, Fox Ridge State Park Coles County All Fish - 2 Pole and Line Fishing Only (1) Bluegill or Redear Sunfish (14) - 5 Fish Daily Creel Limit Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 18" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Wildlife Prairie State Park, State of Illinois Peoria County Recreational Use Restrictions - All live bait > 8" must be rigged with a quick set rig (43) All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 12-18" Protected Slot Length Limit (no possession allowed within the protected slot length limit) Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit Bluegill or Redear Sunfish (14) - 25 Fish Daily Creel Limit White, Black or Hybrid Crappie - 9" Minimum Length Limit White, Black or Hybrid Crappie (15) - 25 Fish Daily Creel Limit Pure or Hybrid Muskellunge - 42" Minimum Length Limit

William W. Powers Conservation Area (33) Cook County

Willow Lake, Peabody River King State Conservation Area St. Clair County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 3 Fish Daily Creel Limit

ILLINOIS REGISTER 16523 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENTS

White, Black, or Hybrid Crappie (15) - 25 Fish Daily Creel Limit White, Black, or Hybrid Crappie - 9" Minimum Length Limit Trout - Fall Closed Season (10)

Wolf Lake, William W. Powers Conservation Area (33) Cook County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 14" Minimum Length Limit

Woodford Co. Cons. Area (Fishing Ditch), Woodford County Conservation Area (33) Woodford County All Fish - 2 Pole and Line Fishing Only (1)

Woodlawn Pond, Frankfort Square Park District Will County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit

Wyman Lake, City of Sullivan Moultrie County All Fish - 2 Pole and Line Fishing Only (1) Channel Catfish - 6 Fish Daily Creel Limit Large or Smallmouth Bass - 15" Minimum Length Limit Large or Smallmouth Bass (14) - 1 Fish Daily Creel Limit Trout - Spring Closed Season (11)

Yellow Creek Stephenson County Trout - Spring Closed Season (11)

(Source: Amended at 37 Ill. Reg. 16426, effective October 3, 2013)

ILLINOIS REGISTER 16524 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Abandoned Mined Lands Reclamation

2) Code Citation: 62 Ill. Adm. Code 2501

3) Section Number: Adopted Action: 2501.7 Amendment

4) Statutory Authority: Implementing and authorized by the Abandoned Mined Lands and Water Reclamation Act [20 ILCS 1920]

5) Effective Date of Rulemaking: October 3, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rulemaking, including all material incorporated by reference, is on file in the Department of Natural Resources' principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: June 14, 2013; 37 Ill. Reg. 7924

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposed and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No agreements were necessary

13) Will this rulemaking replace any emergency rulemaking currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: This Part is being amended to allow for non-coal reclamation in Illinois.

16) Information and questions regarding this adopted rulemaking shall be directed to:

Robert G. Mool, Legal Counsel

ILLINOIS REGISTER 16525 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

Department of Natural Resources One Natural Resources Way Springfield IL 62702-1271

217/782-1809

The full text of the Adopted Amendment begins on the next page:

ILLINOIS REGISTER 16526 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

TITLE 62: MINING CHAPTER II: DEPARTMENT OF NATURAL RESOURCES

PART 2501 ABANDONED MINED LANDS RECLAMATION

Section 2501.1 Scope 2501.4 Definitions 2501.7 Objectives and Priorities 2501.8 Utilities and Other Facilities 2501.10 Eligible Coal Lands and Water 2501.11 Eligible Non-coal Lands and Water 2501.13 Preliminary Project Selection 2501.16 Final Selection and Project Deferment 2501.19 Annual Grant Process 2501.22 Reclamation Activities 2501.25 Reclamation on Private Lands 2501.28 Rights of Entry 2501.31 Land Acquisition, Management and Disposal 2501.34 Emergency Abatement Activities 2501.37 Notice of Reclamation 2501.40 Public Participation

AUTHORITY: Implementing and authorized by the Abandoned Mined Lands and Water Reclamation Act [20 ILCS 1920].

SOURCE: Adopted and codified at 5 Ill. Reg. 9740, effective October 1, 1981; recodified at 8 Ill. Reg. 7212; amended at 9 Ill. Reg. 6641, effective May 1, 1985; emergency amendment at 10 Ill. Reg. 1254, effective January 1, 1986, for a maximum of 150 days; emergency expired May 30, 1986; amended at 10 Ill. Reg. 14271, effective August 14, 1986; amended at 15 Ill. Reg. 6513, effective May 3, 1991; emergency amendment at 16 Ill. Reg. 2897, effective February 4, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 8345, effective May 26, 1992; amended at 22 Ill. Reg. 11382, effective June 23, 1998; amended at 37 Ill. Reg. 16524, effective October 3, 2013.

Section 2501.7 Objectives and Priorities

a) It is the policy of this State to provide for the conservation and reclamation of

ILLINOIS REGISTER 16527 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

lands and water affected by mining which have been abandoned, in order to restore these abandoned lands and waters to such productive use, in accordance with this State's conservation and land reclamation policies, as will aid in maintaining or improving the property tax base, protect the health, safety and general welfare of the people, promote the natural beauty and aesthetic values of this State and enhance the environment, and correct and prevent soil erosion, stream pollution, water, air and land pollution, and other injurious effects to persons, property, wildlife and natural resources. [20 ILCS 1920/1.02] The goal of the State reclamation program described in this Part is to alleviate adverse environmental effects of abandoned mines and, whenever possible, to improve those abandoned lands to support a suitable land use. b) It is the expressed intent of the General Assembly that the Department, in implementing these policies, administer the reclamation program in a way which satisfies the requirements of the Federal Act. Accordingly, the provisions of this Part shall be construed, if possible, in a manner which is consistent with the requirements of the Federal Act and the regulations promulgated thereunder. c) Expenditures of money on abandoned coal mined lands for the purposes of the reclamation program shall reflect the following priorities in the order stated:

1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices;

2) The protection of public health, safety, and general welfare from adverse effects of coal mining practices;

3) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity;

4) The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices;

5) The development of publicly owned land adversely affected by coal mining practices including land acquired as provided in the Federal Act for

ILLINOIS REGISTER 16528 13 DEPARTMENT OF NATURAL RESOURCES

NOTICE OF ADOPTED AMENDMENT

recreation and historic purposes, conservation, and reclamation purposes and open space benefits. [20 ILCS 1920/2.03(a)] d) Generally, projects lower than a priority 2 should not be undertaken until all known higher priority coal projects either have been accomplished, are in the process of being reclaimed, or have been approved for funding by OSM, except in those instances where such lower priority projects may be undertaken in conjunction with a priority 1 or 2 site in accordance with OSM's "Final Guidelines for Reclamation Programs and Projects" (61 FR 68777-68785, December 30, 1996). e) When the Department finds in writing that the adverse effects of coal mining practices have an adverse economic impact upon a community, a project shall be designated as a priority 1 or 2 threat to the general welfare, regardless of the nature of the problem conditions. f) The Department may make expenditures on lands mined for substances other than coal for the protection of the public health and safety; provided, however, that annual expenditures for non-coal reclamation shall not exceed 2% of the Department's annual budget for mined land reclamation; and provided further that all obligations for such expenditures shall be made by August 31, 1999.

(Source: Amended at 37 Ill. Reg. 16524, effective October 3, 2013)

ILLINOIS REGISTER 16529 13 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Groundwater Quality

2) Code Citation: 35 Ill. Adm. Code 620

3) Section Numbers: Adopted Action: 620.420 Amend

4) Statutory Authority: Implementing and authorized by Section 8 of the Illinois Groundwater Protection Act [415 ILCS 55/8] and Section 27 of the Environmental Protection Act [415 ILCS 5/27]

5) Effective Date of Rulemaking: October 7, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rulemaking, including any material incorporated by reference, is on file in the Board's Chicago office at the James R. Thompson Center, 100 W. Randolph Street, Suite 11-500, and is available there for public inspection.

9) Notice of Proposal published in the Illinois Register: May 10, 2013, 37 Ill. Reg. 6123

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: None

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? No agreements were necessary.

13) Will this rulemaking replace any emergency amendments currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: The adopted rulemaking merely corrects several typographical errors that occurred during the publication of rules adopted during the R08- 18 rulemaking, i.e., the inadvertent (1) deletion of trichloroethylene and its Class II groundwater quality standard (GQS); (2) modification of the 1,1,2-trichloroethane Class II GQS; and (3) failure to place an asterisk next to the dibenzo(a,h)anthracene Class II

ILLINOIS REGISTER 16530 13 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

GQS to reflect that the chemical is carcinogenic. The Board opened subdocket B solely to correct these scriveners' errors, as explained in detail in the Board's final-notice opinion and order of October 3, 2013, in R08-18(B), Proposed Amendments to Groundwater Quality Standards (35 Ill. Adm. Code 620).

16) Information and questions regarding this adopted rulemaking shall be directed to:

Richard McGill Illinois Pollution Control Board 100 W. Randolph Street, Suite 11-500 Chicago, IL 60601

312/814-6983 [email protected]

Copies of the Board's opinions and orders may be requested from the Clerk of the Board at the address listed in #8 above or by calling 312/814-3620. Please refer to the docket number R08-18(b) in your request. The Board's opinions and orders are also available from the Board's Web site (www.ipcb.state.il.us).

The full text of the Adopted Amendment begins on the next page:

ILLINOIS REGISTER 16531 13 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE F: PUBLIC WATER SUPPLIES CHAPTER I: POLLUTION CONTROL BOARD

PART 620 GROUNDWATER QUALITY

SUBPART A: GENERAL

Section 620.105 Purpose 620.110 Definitions 620.115 Prohibition 620.125 Incorporations by Reference 620.130 Exemption from General Use Standards and Public and Food Processing Water Supply Standards 620.135 Exclusion for Underground Waters in Certain Man-Made Conduits

SUBPART B: GROUNDWATER CLASSIFICATION

Section 620.201 Groundwater Designations 620.210 Class I: Potable Resource Groundwater 620.220 Class II: General Resource Groundwater 620.230 Class III: Special Resource Groundwater 620.240 Class IV: Other Groundwater 620.250 Groundwater Management Zone 620.260 Reclassification of Groundwater by Adjusted Standard

SUBPART C: NONDEGRADATION PROVISIONS FOR APPROPRIATE GROUNDWATERS

Section 620.301 General Prohibition Against Use Impairment of Resource Groundwater 620.302 Applicability of Preventive Notification and Preventive Response Activities 620.305 Preventive Notification Procedures 620.310 Preventive Response Activities

SUBPART D: GROUNDWATER QUALITY STANDARDS

ILLINOIS REGISTER 16532 13 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

Section 620.401 Applicability 620.405 General Prohibitions Against Violations of Groundwater Quality Standards 620.410 Groundwater Quality Standards for Class I: Potable Resource Groundwater 620.420 Groundwater Quality Standards for Class II: General Resource Groundwater 620.430 Groundwater Quality Standards for Class III: Special Resource Groundwater 620.440 Groundwater Quality Standards for Class IV: Other Groundwater 620.450 Alternative Groundwater Quality Standards

SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES

Section 620.505 Compliance Determination 620.510 Monitoring and Analytical Requirements

SUBPART F: HEALTH ADVISORIES

Section 620.601 Purpose of a Health Advisory 620.605 Issuance of a Health Advisory 620.610 Publishing Health Advisories 620.615 Additional Health Advice for Mixtures of Similar-Acting Substances

620.APPENDIX A Procedures for Determining Human Threshold Toxicant Advisory Concentration for Class I: Potable Resource Groundwater 620.APPENDIX B Procedures for Determining Hazard Indices for Class I: Potable Resource Groundwater for Mixtures of Similar-Acting Substances 620.APPENDIX C Guidelines for Determining When Dose Addition of Similar- Acting Substances in Class I: Potable Resource Groundwaters is Appropriate 620.APPENDIX D Confirmation of an Adequate Corrective Action Pursuant to 35 Ill. Adm. Code 620.250(a)(2)

AUTHORITY: Implementing and authorized by Section 8 of the Illinois Groundwater Protection Act [415 ILCS 55/8] and authorized by Section 27 of the Illinois Environmental Protection Act [415 ILCS 5/27].

ILLINOIS REGISTER 16533 13 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

SOURCE: Adopted in R89-14(B) at 15 Ill. Reg. 17614, effective November 25, 1991; amended in R89-14(C) at 16 Ill. Reg. 14667, effective September 11, 1992; amended in R93-27 at 18 Ill. Reg. 14084, effective August 24, 1994; amended in R96-18 at 21 Ill. Reg. 6518, effective May 8, 1997; amended in R97-11 at 21 Ill. Reg. 7869, effective July 1, 1997; amended in R01-14 at 26 Ill. Reg. 2662, effective February 5, 2002; amended in R08-18 at 36 Ill. Reg. 15206, effective October 5, 2012; amended in R08-18(B) at 37 Ill. Reg. 16529, effective October 7, 2013.

SUBPART D: GROUNDWATER QUALITY STANDARDS

Section 620.420 Groundwater Quality Standards for Class II: General Resource Groundwater

a) Inorganic Chemical Constituents

1) Except due to natural causes or as provided in Section 620.450 or subsection (a)(3) or (e) of this Section, concentrations of the following chemical constituents must not be exceeded in Class II groundwater:

Constituent Standard (mg/L)

Antimony 0.024 Arsenic* 0.2 Barium 2.0 Beryllium 0.5 Cadmium 0.05 Chromium 1.0 Cobalt 1.0 Cyanide 0.6 Fluoride 4.0 Lead 0.1 Mercury 0.01 Nitrate as N 100.0 Perchlorate 0.0049 Thallium 0.02 Vanadium 0.1

Denotes a carcinogen.

ILLINOIS REGISTER 16534 13 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

2) Except as provided in Section 620.450 or subsection (a)(3) or (e) of this Section, concentrations of the following chemical constituents must not be exceeded in Class II groundwater:

Constituent Standard (mg/L)

Boron 2.0 Chloride 200.0 Copper 0.65 Iron 5.0 Manganese 10.0 Nickel 2.0 Selenium 0.05 Total Dissolved Solids (TDS) 1,200.0 Sulfate 400.0 Zinc 10.0

3) The standard for any inorganic chemical constituent listed in subsection (a)(2) of this Section, for barium, or for pH does not apply to groundwater within fill material or within the upper 10 feet of parent material under such fill material on a site not within the rural property class for which:

A) Prior to November 25, 1991, surficial characteristics have been altered by the placement of such fill material so as to impact the concentration of the parameters listed in subsection (a)(3) of this Section, and any on-site groundwater monitoring of such parameters is available for review by the Agency.

B) On November 25, 1991, surficial characteristics are in the process of being altered by the placement of such fill material, that proceeds in a reasonably continuous manner to completion, so as to impact the concentration of the parameters listed in subsection (a)(3) of this Section, and any on-site groundwater monitoring of such parameters is available for review by the Agency.

4) For purposes of subsection (a)(3) of this Section, the term "fill material" means clean earthen materials, slag, ash, clean demolition debris, or other

ILLINOIS REGISTER 16535 13 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

similar materials. b) Organic Chemical Constituents

1) Except due to natural causes or as provided in Section 620.450 or subsection (b)(2) or (e) of this Section, concentrations of the following organic chemical constituents must not be exceeded in Class II groundwater:

Constituent Standard (mg/L)

Acenaphthene 2.1 Acetone 6.3 Alachlor* 0.010 Aldicarb 0.015 Anthracene 10.5 Atrazine 0.015 Benzene* 0.025 Benzo(a)anthracene* 0.00065 Benzo(b)fluoranthene* 0.0009 Benzo(k)fluoranthene* 0.006 Benzo(a)pyrene* 0.002 Benzoic acid 28.0 2-Butanone (MEK) 4.2 Carbon Disulfide 3.5 Carbofuran 0.2 Carbon Tetrachloride* 0.025 Chlordane* 0.01 Chloroform* 0.35 Chrysene* 0.06 Dalapon 2.0 Dibenzo(a,h)anthracene* 0.0015 Dicamba 0.21 Dichlorodifluoromethane 7.0 1,1-Dichloroethane 7.0 Dichloromethane* 0.05 Di(2-ethylhexyl)phthalate* 0.06 Diethyl Phthalate 5.6

ILLINOIS REGISTER 16536 13 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

Di-n-butyl Phthalate 3.5 Dinoseb 0.07 Endothall 0.1 Endrin 0.01 Ethylene Dibromide* 0.0005 Fluoranthene 1.4 Fluorene 1.4 Heptachlor* 0.002 Heptachlor Epoxide* 0.001 Hexachlorocyclopentadiene 0.5 Indeno(1,2,3-cd)pyrene* 0.0022 Isopropylbenzene (Cumene) 3.5 Lindane (Gamma-Hexachloro cyclophexane) 0.001 2,4-D 0.35 Ortho-Dichlorobenze 1.5 Para-Dichlorobenzene 0.375 1,2-Dibromo-3-Chloropropane* 0.002 1,2-Dichloroethane* 0.025 1,1-Dichloroethylene 0.035 cis-1,2-Dichloroethylene 0.2 Trans-1,2-Dichloroethylene 0.5 1,2-Dichloropropane* 0.025 Ehylbenzene 1.0 MCPP (Mecoprop) 0.007 Methoxychlor 0.2 2-Methylnaphthalene 0.14 2-Methylphenol 0.35 Methyl Tertiary-Butyl Ether (MTBE) 0.07 Monochlorobenzene 0.5 Naphthalene 0.22 P-Dioxane* 0.0077 Pentachlorophenol* 0.005 Phenols 0.1 Picloram 5.0 Pyrene 1.05 Polychlorinated Biphenyls (PCBs) (as decachloro-biphenyl)* 0.0025 alpha-BHC (alpha-Benzene 0.00055

ILLINOIS REGISTER 16537 13 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

hexachloride)* Simazine 0.04 Styrene 0.5 2,4,5-TP 0.25 Tetrachloroethylene* 0.025 Toluene 2.5 Toxaphene* 0.015 1,1,1-Trichloroethane 1.0 1,2,4-Trichlorobenzene 0.7 1,1,2-Trichloroethane 0.050.025 Trichloroethylene* 0.025 Trichlorofluoromethane 10.5 Vinyl Chloride* 0.01 Xylenes 10.0

* Denotes a carcinogen.

2) The standards for pesticide chemical constituents listed in subsection (b)(1) of this Section do not apply to groundwater within 10 feet of the land surface, provided that the concentrations of such constituents result from the application of pesticides in a manner consistent with the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (7 USC 136 et seq.) and the Illinois Pesticide Act [415 ILCS 60]. c) Explosive Constituents Concentrations of the following explosive constituents must not exceed the Class II groundwater standard:

Constituent Standard (mg/L)

1,3-Dinitrobenzene 0.0007 2,4-Dinitrotoluene* 0.0001 2,6-Dinitrotoluene* 0.00031 HMX (High Melting Explosive, Octogen) 1.4 Nitrobenzene 0.014 RDX (Royal Demolition Explosive, Cyclonite) 0.084

ILLINOIS REGISTER 16538 13 POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

1,3,5-Trinitrobenzene 0.84 2,4,6-Trinitrotoluene (TNT) 0.014

*Denotes a carcinogen. d) Complex Organic Chemical Mixtures Concentrations of the following organic chemical constituents of gasoline, diesel fuel, or heating fuel must not be exceeded in Class II groundwater:

Constituent Standard (mg/L)

Benzene* 0.025 BETX 13.525

*Denotes a carcinogen e) pH Except due to natural causes, a pH range of 6.5 - 9.0 units must not be exceeded in Class II groundwater that is within 5 feet of the land surface.

(Source: Amended at 37 Ill. Reg. 16529, effective October 7, 2013)

ILLINOIS REGISTER 16539 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Swimming Facility Code

2) Code Citation: 77 Ill. Adm. Code 820

3) Section Numbers: Adopted Action: 820.10 Amended 820.20 Amended 820.100 Amended 820.105 New 820.110 Amended 820.120 Amended 820.130 Amended 820.140 Amended 820.145 Amended 820.150 Amended 820.200 Amended 820.210 Amended 820.220 Amended 820.230 Amended 820.240 Amended 820.250 Amended 820.300 Amended 820.310 Amended 820.315 Amended 820.320 Amended 820.330 Amended 820.340 Amended 820.350 Amended 820.360 Amended 820.380 Amended 820.390 Amended 820.400 Amended 820.500 New 820.510 New 820.520 New 820.530 New 820.540 New 820.550 New 820.600 New

ILLINOIS REGISTER 16540 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

820.610 New 820.Appendix A.Illustration A Amended 820.Appendix A.Illustration B Amended 820.Appendix A.Illustration C Amended 820.Appendix A.Illustration D Amended 820.Appendix A.Illustration G Amended 820.Appendix A.Illustration H Amended 820.Appendix A.Illustration I Amended 820.Appendix A.Illustration J Amended 820.Appendix A.Illustration K Amended 820.Appendix A.Illustration L Amended 820.Appendix A.Illustration N Amended 820.Appendix B.Table A Amended 820.Appendix B.Table D Amended 820.Appendix B.Table E Amended 820.Appendix B.Table F New 820.Appendix B.Table G New 820.Appendix B.Table H New 820.Appendix B.Table I New 820.Appendix B.Table J New 820.Appendix B.Table K New

4) Statutory Authority: Swimming Facility Act [210 ILCS 125]

5) Effective Date of Rulemaking: October 4, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? Yes

8) A copy of the adopted rulemaking, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: June 28, 2013; 37 Ill. Reg. 8223

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: No comments were received during the First Notice period and no changes were made.

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The following changes were made in response to comments and suggestions of JCAR:

1. In Section 820.10, the definition of "Perimeter Overflow System, the comma was changed to "or".

2. In Section 820.10, the definition of "Self-Perform" was changed to:

"'Self-Perform' means:

designing, planning and creating specifications for swimming facilities and applying for a permit for construction or major alteration of a swimming facility without subcontracting the work; or

constructing, installing, modifying or repairing a swimming facility without subcontracting the work."

3. In Section 820.100(b)(1), third line, the comma was changed to "(see http://www.idph.state.il.us/envhealth/swimmingpools.htm) ".

4. In Section 820.150(c), "relevant" was deleted.

5. In Section 820.250(d)(2) in the first column, "8" was stricken and "18" was added.

6. In Section 820.400(d)(1), "If" was deleted and "unless" was reinstated; in the sixth line, "In" was reinstated; "those" was added; and "cases" was reinstated.

7. In Section 820.400(d)(1), ninth line, "and Appendix B, Table E" was added after "(c)".

8. In section 820.400(i)(1), "because of the potential for transmissible disease" was added after "admittance".

9. In Section 820.550, "(see http://www.idph.state.il.us/envhealth/swimmingpools.htm) " was added after "contractors".

10. In Section 820.610(a)(2), "their" was added after "share" and "with the Department" was added after "information".

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11. In Appendix A, Illustration C, footnote, "5" was stricken and "6" was added in the first line.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? Yes

13) Will this rulemaking replace an emergency rulemaking currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: Definitions have been amended. Provisions concerning licenses to operate, permits for construction or major alteration, license renewal, and payment of fees have been amended. The rulemaking sets forth provisions concerning plan certification and plan re-submittal and establishes various fee structures for licensure and inspection. Provisions concerning facility rules, violations at facilities, and records have been amended, as well as provisions concerning the adoption of ordinances and the adoption and revocation of agent agreements. The rulemaking sets forth provisions concerning eligibility of pre-qualification for architects, professional engineers, and contractors and provisions concerning the suspension and modification of pre-qualifications and licenses. The rulemaking provides that any person seeking to construct, install, modify, or repair a swimming facility must be licensed by the Department of Public Health.

This rulemaking implements Public Act 97-0957, which amended the Swimming Facility Act to clarify and expand existing definitions, add new definitions, establish requirements for the role of local health departments, establish new requirements for permit applications and plan submittal, establish fee schedules, establish enforcement provisions and record reproduction requirements, and establish requirements for pre-qualification of architects, professional engineers, and swimming facility contractors.

16) Information and questions regarding this adopted rulemaking shall be directed to:

Susan Meister Division of Legal Services Department of Public Health 535 West Jefferson, 5th Floor Springfield, Illinois 62761

217/782-2043

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e-mail: [email protected]

The full text of the Adopted Amendments begins on the next page:

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TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER n: RECREATIONAL FACILITIES

PART 820 SWIMMING FACILITY CODE

SUBPART A: GENERAL PROVISIONS

Section 820.10 Definitions 820.20 Incorporated and Referenced Materials

SUBPART B: SWIMMING FACILITIESPOOLS AND BATHING BEACHES

Section 820.100 Permits 820.105 Fees 820.110 Water Supplies 820.120 Wastewater Disposal 820.130 Food Service Sanitation 820.140 Exemptions 820.145 Swimming Facilities in Existence Prior to January 1, 2009 820.150 Variances

SUBPART C: SWIMMING FACILITY DESIGN REQUIREMENTS

Section 820.200 General Design Requirements 820.210 Swimming Facility Water Treatment System 820.220 Swimming FacilityPool Bather Preparation Facilities 820.230 Wading Pools 820.240 Spray Pools 820.250 Slides 820.260 New Equipment, Construction and Materials (Repealed) 820.270 Lazy Rivers

SUBPART D: OPERATIONAL REQUIREMENTS

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Section 820.290 Applicability of Operation Requirements 820.300 Personnel 820.310 Safety Equipment 820.315 Notification 820.320 Water Quality 820.330 Swimming FacilityPool Closing 820.340 Operation and Maintenance 820.350 Operation Reports and Routine Sampling 820.360 Patron Regulations 820.370 Swimming Suits and Towels Furnished by Management 820.380 Wading Pools, Spray Pools and Therapy Pools 820.390 Refuse Disposal

SUBPART E: BATHING BEACH DESIGN AND OPERATION

Section 820.400 Minimum Sanitary Requirements for Bathing Beaches

SUBPART F: PREQUALIFICATION OF ARCHITECTS, PROFESSIONAL ENGINEERS AND SWIMMING FACILITY CONTRACTORS

Section 820.500 General Prequalification InformationMinimum Sanitary Requirements for Bathing Beaches (Renumbered) 820.510 Prequalification Application 820.520 Prequalification Requirements for Architects and Professional Engineers 820.530 Prequalification Requirements for Swimming Facility Contractors 820.540 Prequalification Denial, Suspension or Revocation 820.550 Prequalified List

SUBPART G: LOCAL HEALTH DEPARTMENTS

Section 820.600 Agent Health Departments 820.610 Ordinance Health Departments

820.APPENDIX A Illustrations 820.ILLUSTRATION A Slope of Pool Floor

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820.ILLUSTRATION B Pool Walls 820.ILLUSTRATION C General Pool Diving Area Dimensions 820.ILLUSTRATION D Pools with Diving Facilities in Excess of Three Meters in Height 820.ILLUSTRATION E Slide Dimensions (Repealed) 820.ILLUSTRATION F Slide Position (Repealed) 820.ILLUSTRATION G Flow Meter Installation 820.ILLUSTRATION H Skimmer Construction 820.ILLUSTRATION I Installation of a Pressure Sand Filter System 820.ILLUSTRATION J Installation of a Pressure Diatomaceous Earth Filter System 820.ILLUSTRATION K Installation of a Vacuum Filter System 820.ILLUSTRATION L Chlorine Injection into Return Line to Swimming FacilityPool Using Pump Discharge Pressure 820.ILLUSTRATION M Chlorine Injection into Return Line to Pool Using External Water Source Pressure (Repealed) 820.ILLUSTRATION N Chlorine Injection into Return Line to Swimming FacilityPool Using Booster Pump 820.APPENDIX B Tables 820.TABLE A Dimensions of Swimming Pools with Diving Facilities in Excess of Three Meters in Height 820.TABLE B First Aid Kit Contents 820.TABLE C Flows Carried by Inlets 820.TABLE D Sizing Swimming FacilityPool Chlorinators and Brominators 820.TABLE E Shower, Lavatory and Toilet Fixtures Required Per Bather Load 820.TABLE F Fee Schedule from Section 8.1 of the Act 820.TABLE G Fee Schedule from Section 8.2 of the Act 820.TABLE H Fee Schedule from Section 8.3 of the Act 820.TABLE I Point System for Swimming Facility Architects and Professional Engineers 820.TABLE J Point System for Swimming Facility Contractors 820.TABLE K Point System for Suspension and Revocation

AUTHORITY: Implementing and authorized by the Swimming Facility Act [210 ILCS 125].

SOURCE: Adopted October 22, 1974; amended and effective February 9, 1976; amended at 4 Ill. Reg. 46, p. 1283, effective November 5, 1980; amended at 5 Ill. Reg. 9593, effective September 16, 1981; rules repealed and new rules adopted at 5 Ill. Reg. 13623, effective December 2, 1981; amended and codified at 8 Ill. Reg. 12366, effective July 5, 1984; amended at 11 Ill. Reg. 12308, effective July 15, 1987; amended at 14 Ill. Reg. 786, effective January 1,

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1990; amended at 20 Ill. Reg. 6971, effective May 25, 1996; emergency amendment at 21 Ill. Reg. 7536, effective May 28, 1997, for a maximum of 150 days; amended at 22 Ill. Reg. 9357, effective May 15, 1998; amended at 23 Ill. Reg. 6079, effective May 20, 1999; emergency amendment at 23 Ill. Reg. 6551, effective May 20, 1999, for a maximum of 150 days; emergency expired October 16, 1999; amended at 24 Ill. Reg. 11271, effective July 15, 2000; amended at 25 Ill. Reg. 8291, effective July 1, 2001; emergency amendment at 27 Ill. Reg. 4223, effective February 15, 2003, for a maximum of 150 days; emergency expired July 14, 2004; emergency amendment at 33 Ill. Reg. 7177, effective May 18, 2009, for a maximum of 150 days; emergency expired October 14, 2009; amended at 34 Ill. Reg. 2698, effective February 3, 2010; amended at 35 Ill. Reg. 6203, effective March 22, 2011; amended at 37 Ill. Reg. 16539, effective October 4, 2013.

SUBPART A: GENERAL

Section 820.10 Definitions

In addition to the definitions in the Illinois Swimming Facility Act, the following additional definitions shall apply:

"Act" means the Swimming Facility Act [210 ILCS 125].

"Agent Health Department" means a certified local health department that the Department has designated as its agent for making inspections and investigations under Section 11 of the Act. (Section 3.23 of the Act)

"Appurtenance" means an accessory facility or feature at a swimming facilitypool or bathing beach, such as a diving board, slide, wading pool, plunge pool, spray pool, or bather preparation facilitybathhouse. The term does not refer to a therapy pool as defined in this Section.

"Approval" means compliance with the Act and this Part.

"Approved Certification Agency" means an organization that has been accredited by the American National Standards Institute (ANSI) and found to meet the requirements specified in ANSI Z 34.1 (1993), Third Party Certification Program, to evaluate swimming facilitypool equipment for compliance with Standard 50, "Equipment for Swimming Pools, Spas, Hot Tubs and other Recreational Water Facilities""Circulation system components and related materials for swimming pools, spas/hot tubs", published by the National Sanitation Foundation (NSF)

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International (NSF).

"Aquatic Feature" means any single element of a swimming facility other than a swimming pool or spa or bathing beach, including, but not limited to, a lazy river, water slide, spray pool, or other feature that provides aquatic recreation or therapy. (Section 3.16 of the Act) It does include small slides, play structures and other similar equipment. It does not include diving boards or starting blocks.

"Attendant" means a person at least 16 years of age, stationed at the top of a water slide and responsible for ensuring safe use of the slide.

"Bather Load" means the maximum number of persons that may be allowed in the swimming facilitypool area at one time without creating undue health or safety hazards. (See Section 820.200(b).)

"Bathing Beach" or "Public Bathing Beach" means any body of water, except a swimming pool as defined in this Part, or that portion thereof used for the purpose of public swimming or recreational bathing, and includes beaches at: apartments, condominiums, subdivisions, and other groups or associations having 5 or more living units, clubs, churches, camps, schools, institutions, parks, recreational areas, motels, hotels and other commercial establishments. It includes shores, equipments, buildings and appurtenances pertaining to such areas. It does not include bathing beaches at private residences intended only for the use of the owner and guests. (Section 3.02 of the Act)

"Bathing Beach" means a Public Bathing Beach as defined in the Act.

"Certified Safety Cover" means a cover for a swimming facilitypool suction outlet that has been certified for conformance to ANSI and the Association of Pool & Spa Professionals (APSP) standard ANSI/APSP 16. American Society of Mechanical Engineers (ASME)/ANSI Standard A112.19.8-2007.

"Community Water System" means a public water system that serves at least 15 service connections used by residents or regularly serves at least 25 residents for at least 60 days a year.

"Construction" means the process of building or fabricating a swimming facilitypool, bathing beach or appurtenance.

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"Construction in a Flood Plain" means the placement or erection of structures or earthworks; land filling, excavation or non-agricultural alteration of the ground surface; installation of public utilities; channel modification; storage of materials or any other activity undertaken to modify the existing physical features of a flood plain with respect to the storage and conveyance of flood waters.

"Deep Area" means an area of a swimming pool in which the water depth exceeds 5five feet.

"Department" means the Department of Public Health, State of Illinois. (Section 3.06 of the Act)

"Development" means improvement of a site for the purpose of establishing a bathing beach, the addition of an appurtenance to an existing swimming pool or bathing beach, modifying the shape, water surface area or depth of a swimming pool, or changing the design of the water recirculation or water treatment system of a swimming pool. It does not include repairs to existing facilities that do not alter the design of the facility.

"Diving Pool" means a pool designed and intended for use exclusively for diving.

"Drop Slide" means a slide with an exit angle exceeding 11 degrees measured downward from the horizontal.

"Field-Fabricated Suction Outlet" means a suction outlet having a cover that is not a certified safety cover or a safety cover installed in a manner that is not specified by the manufacturer. The term includes suction outlet covers consisting of a certified safety cover installed together with other components and covers comprising multiple certified safety covers covering a single suction outlet.

"Flume" means the inclined channel of a water slide.

"Homeowner's Association" is a not-for-profit corporation composed of members who have common ownership interest in property owned or operated by the association for the benefit of all the members.

"Initial Inspection" means an inspection conducted by the Department to determine compliance with the Act and this Part in order to approve the

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NOTICE OF ADOPTED AMENDMENTS operation of a swimming facility after the Department has issued a permit for construction or major alteration. (Section 3.22 of the Act)

"Initial Review" means the first review of any submittal made by an applicant for a permit for construction or major alteration, as provided for in Section 5 of the Act. If the requirements of Section 5 are met, a permit shall be issued; otherwise the Department shall issue correspondence indicating deficiencies. (Section 3.21 of the Act)

"Inlet" means an opening or fitting through which filtered water enters the swimming facilitypool.

"Installation" means the emplacement of a swimming facilitypool manufactured and transported to the intended site.

"Lapsed Fee" means the amount charged to a licensee for failing to renew a swimming facility license within one year after the expiration of the license. This fee is in addition to any other fees associated with renewal of a swimming facility license. (Section 3.17 of the Act)

"Lazy River" means a swimming facilitypool intended for use with flotation devices and consisting of a closed loop with an artificially induced current.

"Living Unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multi-unit residential structure or a campground lot. (Section 3.18 of the Act)

"Main Drain" means the outlet or outlets in the floor of the swimming facility.

"Major Alteration" means any change to a swimming facility or its aquatic features or appurtenances that alters the facility's functionality or as-built or as- permitted condition. This includes, but is not limited to, an alteration of a swimming facility that changes the water surface area, depth, or volume, addition of a permanently installed appurtenance such as a diving board, slide, or starting platform, modification of the design of the recirculation system, and replacement or modification of a bather preparation facility. It does not include maintenance or minor repair or the replacement of equipment with comparable components. (Section 3.19 of the Act) Examples of alterations that are not major include, but are not limited to, painting of a swimming facility, replacement of a swimming

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NOTICE OF ADOPTED AMENDMENTS facility filter or pump having identical characteristics, or replacement of plumbing fixtures in a bather preparation facility.

"Major Alteration" means a substantial modification of a swimming facility. The term includes, but is not limited to, an alteration of a pool that changes the water surface area, depth or volume; addition of a permanently installed recreational appurtenance such as a diving board, slide or starting platform to a pool or beach; modification of the design of the recirculation system for a pool; or addition, replacement or modification of a bather preparation facility for a swimming facility. Examples of alterations that are not major include, but are not limited to, painting of a swimming pool, replacement of a pool filter or pump having identical characteristics or replacement of plumbing fixtures in a bather preparation facility.

"Main Drain" means the outlet or outlets in the floor of the pool.

"Make-up Water" means the water added to a swimming facilitypool to replace that which is lost.

"Manager/Operator" means the person or entity responsible for the actual daily operation, or for the supervision of the operation, of a swimming facilitypool or bathing beach.

"Office of Water Resources" means the Illinois Department of Natural Resources, Office of Water Resources, One Natural Resources Way, Springfield IL 62702.

"Ordinance Health Department" means a certified local health department belonging to a unit of local government that has adopted an ordinance electing to administer and enforce the Act and adopting, by reference, this Part. (Section 3.24 of the Act)

"Perimeter Overflow System" means a channel normally extending completely around the pool used to skim the surface layer of water or also. Also known as an overflow gutter.

"Permit" means a certificate issued by the Department allowing the construction, major alterationdevelopment or installation of a swimming facilitypool or bathing beach under the provisions of the Act.

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"Plunge Area" means a location in a swimming facilitypool or bathing beach at the exit of a slide, or the area in a pool below and in front of a diving board or platform.

"Plunge Pool" means a pool used exclusively as a plunge area for one or more slides.

"Pool" means a swimming pool, plunge pool, spa, or other water basin used by the public. The term does not refer to basins for individual use that are drained after each use.

"Pool Depth" means the vertical distance between the pool floor and the water level.

"Prequalified Architect" or "Prequalified Professional Engineer" means an individual who is prequalified by the Department and is responsible for coordinating the design, planning, and creation of specifications for swimming facilities and for applying for a permit for construction or major alteration. (Section 3.14 of the Act)

"Prequalified Swimming Facility Contractor" means a person who is prequalified by the Department to perform the construction, installation, modification, or repair of a swimming facility and its appurtenances. (Section 3.15 of the Act)

"Project Designer" means a prequalified architect or prequalified professional engineer as defined in this Part and the Act.licensed design professional primarily responsible for the design of the construction, development or installation of a swimming pool or bathing beach.

"Recirculation Piping" means the piping from the pool to the filters and back to the pool, through which the pool water circulates.

"Safety Vacuum Release System" means a device or combination of devices that has been designed to prevent bather entrapment on a suction fitting in a pool. Methods include, but are not limited to, immediately admitting air into the suction piping, and/or de-energizing the pump upon sensing an increase in vacuum in the suction pipe, or reversing the circulation flow or any combination of these.

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"Safety Vent Pipe" means a piping arrangement designed to admit air into suction piping to break a vacuum caused by a blocked suction fitting in a pool.

"Self-Perform" means:

designing, planning and creating specifications for swimming facilities and applying for a permit for construction or major alteration of a swimming facility without subcontracting the work; or

constructing, installing, modifying or repairing a swimming facility without subcontracting the work.

"Shallow Area" means an area in a swimming pool, in which the water depth does not exceed 5five feet at any point.

"Skimmer" means a mechanical device connected to the recirculation piping that is used to skim the pool surface.

"Slide" means a recreational feature, including a water slide or drop slide, with a smooth, inclined flume or channel by which a rider is conveyed downward to a plunge area.

"Slip-Resistant" means not conducive to slipping under contact with bare feet when wet.

"Spa" means a basin of water designed for recreational or therapeutic use that is not drained, cleaned, or refilled for each user. It may include hydrojet circulation, hot water, cold water mineral bath, air induction bubbles, or some combination thereof. It includes "therapeutic pools", "hydrotherapy pools", "whirlpools", "cold spas", "hot spas", and "hot tubs". It does not include these facilities at individual single-family residences intended for use by the occupant and his or her guests. (Section 3.10 of the Act) The term does not apply to a swimming pool as defined in the Act.

"Spray Pool" means an aquatic feature that is not a swimming pool and that has structures or fittings for spraying, dumping, or shooting water. The term does not include features having as a source of water a public water supply that is regulated by the Illinois Environmental Protection Agency or the Illinois

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Department of Public Health and that has no capacity to recycle water. (Section 3.13 of the Act)

"Spray Pool" means an artificially constructed area over which water is sprayed but is not allowed to pool.

"Subsequent Inspection" means any inspection made by the Department or its agents or certified local health departments that are authorized by local government ordinance to administer and enforce the Act for purposes of annual renewals, responding to a substantiated complaint, complying with a request by the licensee or its agent, or ensuring compliance with an order of the Department. The term does not include initial inspections performed by the Department relating to permitted construction, interim compliance inspections, or Department inspections in a case in which no violations are found. (Section 3.20 of the Act)

"Suction Outletoutlet" means a fitting or opening in a pool basin through which water flows out of the pool. The term does not include a skimmer or a drain for a perimeter overflow system.

"Superchlorination" means the establishment of an elevated chlorine residual in pool water for the purpose of removing combined chlorine (chlorine that has reacted with nitrogenous compounds) or destroying unwanted organisms in the pool.

"Swimming Facilityfacility" means a swimming pool, spa, public bathing beach, or aquatic feature and its appurtenances, singular or aggregated together, that exists for the purpose of providing recreation or therapeutic services to the public. It does not include isolation or flotation tanks.water slide, lazy river, or other similar aquatic feature. (Section 3.12 of the Act)

"Swimming Poolpool" means any artificial basin of water thatwhich is modified, improved, constructed or installed for the purpose of public swimming, wading, floating, or diving, and includes: pools for community use, pools at apartments, condominiums, and other groups or associations having five5 or more living units, clubs, churches, camps, schools, institutions, Y.M.C.A.'s, Y.W.C.A.'s, parks, recreational areas, motels, hotels, health clubs, golf and country clubs, and other commercial establishments. It does not include pools at private single-family residences intended only for the use of the owner and guests. (Section 3.01 of the Act) The term refers to swimming pools used for swimming, wading pools, lazy

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NOTICE OF ADOPTED AMENDMENTS rivers, therapy pools, and plunge pools. The term does not refer to spas or to spray pools.

"Therapy Pool" means a pool that is not a spa and is intended only for medical treatment, physical therapy or muscle relaxation.

"Transition Point" means a location in a shallow area of a swimming pool where an area, having a floor slope of no more than 1one foot vertical in 12 feet horizontal, adjoins an area where the floor slope exceeds 1one in 12.

"Turnover Period" means the time required to recirculate a volume of water equivalent to the water volume of the pool through the filtration system.

"Wading Area" means a portion of a pool, other than an area of limited extent such as a stair, seat or ramp, where the water depth does not exceed 30 inches; or the portion of a bathing beach where the water depth is less than 5five feet, or that portion of a bathing beachthereof designated by the installation of a buoyed line to separate this area from deeper water.

"Wading Pool" means a swimming pool having a maximum water depth not exceeding 30 inches.

"Water Level" means the level of the overflow lip of a perimeter overflow system or the mid-level of the skimmer operating range.

"Water Slide" means a ride with a flow of water and having a flume exceeding 30 feet in length. (Section 3.11 of the Act)

"Water Slide" means a slide with a flow of water and having a flume exceeding 30 feet in length.

"Wave Pool" means a swimming pool designed for the purpose of producing wave action in the water.

"Zero-Depth Edge" means that portion of the perimeter of a zero-depth pool where the pool floor intersects the pool water surface.

"Zero-Depth Pool" means a swimming pool where the pool floor intersects the water surface along a portion of its perimeter.

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(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.20 Incorporated and Referenced Materials

a) The following materials are referenced in this Part and are available for inspection at the Department's Springfield office:

1) State and Federal StatutesStatute

A) Swimming Facility Act [210 ILCS 125]

B) 2011 Internal Revenue Code (26 USC 501)

2) State Administrative Rules

A) Illinois Plumbing Code (77 Ill. Adm. Code 890). (See Sections 820.200(r), 820.2109(c)(1), and 820.210(f)(1)(A).)

B) Regulation of Construction withinWithin Flood Plains (17 Ill. Adm. Code 736292 Ill. Adm. Code 706). (See Sections 820.10 and 820.100 (b)(3)(A).)

C) Drinking Water Systems Code (77 Ill. Adm. Code 900). (See Section 820.110(a).)

D) Private Sewage Disposal Code (77 Ill. Adm. Code 905). (See Section 820.120.)

E) Food Service Sanitation Code (77 Ill. Adm. Code 750). (See Section 820.130.)

F) Public Water Supplies (35 Ill. Adm. Code: Subtitle F, Chapters I and II). (See Section 820.110(a).)

G) Public Area Sanitary Practice Code (77 Ill. Adm. Code 895). (See Section 820.110(a).)

H) Practice and Procedure in Administrative Hearings (77 Ill. Adm.

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Code 100) (See Section 820.150(e).) b) The following materials are incorporated in this Part and are available for inspection at the Department's Springfield office:

1) National Electrical Code (2008 Edition) National Fire Protection Association 1 Batterymarch Park Quincy MA 02169

2) NSF Standard 50, Equipment for Swimming Pools, Spas, Hot Tubs and other Recreational Water Facilities (2012)"Circulation system components and related materials for swimming pools, spas/hot tubs" (February 15, 2008) NSF International 789 N. Dixboro Road P.O. Box 130140 Ann Arbor MI 48113-0140

3) ANSI Z 34.1 (1993), Third Party Certification Program American National Standards Institute 2511 West 43rd42nd Street New York NY 10036

4) ANSI/APSP 16-2011ASME/ANSI Standard A112.19.8-2007, "Standard Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot Tubs" The Association of Pool & Spa Professionals 2111 Eisenhower Avenue Alexandria VA 22314 The American Society of Mechanical Engineers 345 East 47th Street New York NY 10017

5) ASME/ANSI A112.19.17-20102002, "Manufactured Safety Vacuum Release Systems (SVRS) for Residential and Commercial Swimming Pool, Spa, Hot Tub, and Wading Pool Suction Systems" The American Society of Mechanical Engineers Two Park Avenue

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New York NY 10016-5990 345 East 47th Street New York NY 10017

6) ASTM F2387-04 (2012), "Standard Specification for Manufactured Safety Vacuum Release Systems (SVRS) for Swimming Pools, Spas and Hot Tubs" ASTM International 100 Barr Harbor Dr., P.O. Box C700 West Conshohocken PA 19428-2959

7) IAPMO SPS 04-2009,4-2000, "Material and Property Standard for "Special Use Suction Fittings for Swimming Pools, Spas and Hot Tubs (For Suction Side Automatic Swimming Pool Cleaners)" The International Association of Plumbing and Mechanical Officials 47555001 E. Philadelphia St. Ontario CA 91761

c) All incorporations by reference of the standards of nationally recognized organizations refer to the regulations and standards on the date specified and do not include any amendments or editions subsequent to the date specified.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

SUBPART B: SWIMMING POOLS AND BATHING BEACHES

Section 820.100 Permits

a) Construction Permit. A construction permit shallmust be obtained prior to beginning any construction, major alterationdevelopment or installation of a swimming facilitypool or bathing beach.

b) Procedure to Obtain a Construction Permit.

1) The owner or his or her representative shall contract with a project designer from the Department's list of prequalified architects or prequalified professional engineers (see http://www.idph.state.il.us/envhealth/swimmingpools.htm) who shall must submit to the Department a completed application for a construction

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permit to the Department. The application forms are available from the Department.

2) One set of detailed construction plans and specifications, each bearing the seal and signature of a prequalifiedan engineer or architect, licensed to practice in Illinois, shall be submitted for initial review. However, three sets of thesuch drawings shall be submitted prior to the issuance of a construction permit. These plans and specifications shall comply with the following requirements:

A) All plans and specifications shall be clear, consistent and legible and include the name of the project location, the scale in feet, the north point and date.

B) Detailed plans shall consist of plan view, elevations, sections and supplementary views and specifications. Dimensions and relative elevations of structures and equipment, location and size of piping, water levels, ground elevations, and pump curve or curvescurve(s) shall be included. The plans and specifications shall indicate compliance with all applicable requirements.

C) No change in location or construction of the project shall be made from plans and specifications that have been approved without first submitting details of the proposed changes to the Department and receiving subsequent approval.

3) Construction Requirements in Flood Plains

A) Scope. All construction, major alterationdevelopment or installation shall be built in accordance with the flood damage prevention standards of the Flood Plain Regulations of the Illinois Department of Natural Resources (Regulation of Construction within Flood Plains), (92 Ill. Adm. Code 706).

B) Verification of Compliance. When construction, major alterationdevelopment or installation is proposed in a flood plain, the applicant shall determine if the site is in a Special Flood Hazard Area. The "Special Flood Hazard Area Location Request Form," available from the Department, shall be completed and

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submitted to the Department. If the site is located in a Special Flood Hazard Area,such an area plans for the project shall be forwarded to the Illinois Department of Natural Resources. No project to be located in a Special Flood Hazard Area shall be approved without written approval from the Illinois Department of Natural Resources. c) Revised Plans and Specifications. If Department review of the submitted documentation identifies the need for correction to the plans, and/or specifications or both, corrected copies shall be submitted with the appropriate fee stated in Appendix B.Tables F, G and H. If the revised documentation is satisfactory pursuant to this Section, the Department will issue a construction permit shall be issued to the applicant. d) Notification afterProcedure After the Issuance of a Construction Permit. The facility owner or permit applicant shall notify the appropriate Department regional office or authorized agent, as specified with the issuance of the permit, when construction, major alterationdevelopment or installation of the project has been initiated and again when construction, major alterationdevelopment or installation has been completed.

1) An owner of a new swimming pool facility, or a facility that has undergone construction or major alterationextensive modification or replacement of the swimming facilitypool structure, shall not operate the swimming facility, or allow the swimming facility to be operated, the swimming pool until the Department has issued a license to operate.for such operation has been issued by the Department. ToIn order to apply for a license, an original license application form shall be completed and submitted to the Department with the appropriate fee stated in Appendix B.Tables F, G and H. The license applicant shall contact the appropriate regional office to make arrangements for an inspection of the facility after making application and ensuring that the facility is in an operating condition and in compliance with this Part. A current license to operatefor a swimming facilitypool that is to undergo major alterations may be suspended by the Department for the period of alteration when continued operation poses a risk of harm to patrons of the swimming facility.extensive modification of the pool structure shall expire when the modification is initiated.

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No currently licensed facility that has undergone development, or for which development is planned, shall be operated during or following such development until authorization of operation has been issued by the Department.

2) The owner, manager or other responsible party shallmust keep a set of plans and specifications bearing the approval stamp of the Department at the swimming facilitypool or beach after the project has been completed.

e) Alterations or Repairs of Existing Facilities. Repairs or remodeling of existing swimming facilitiespools must be in compliance with design requirements in this Part. Alterations that meet the definition of major alterationdevelopment as defined in (see Section 820.10) of this Part shall require a construction permit.

f) Preliminary Concept Approval. The Department maywill review innovative design concepts and other design features that are not in strict compliance with this Part in advance of submission of plans and specifications to assure that the proposed concept or design will meet the intent of this Part. Preliminary concept reviews may be conducted at the request of the project designer when the Department determines that an explanation of the innovative concept would aid in its review.so that the innovative design(s) can be explained.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.105 Fees

Fee Schedule Sections 8.1, 8.2 and 8.3 of the Act establish fees in accordance with the ownership designation of the swimming facility.

a) The fee schedule includes the following: Construction Permit Fee, Major Alteration Permit Fee, Plan Resubmittal Fee, Original License Fee, License Renewal Fee and Inspection Fee. A fee schedule is provided in Appendix B.Tables F, G and H.

1) Permit Fees

A) Construction Permit Fee and Major Alteration Permit Fee. No swimming facility shall be constructed or altered in a major manner until plans, specifications, and other information relative to the swimming facility and appurtenant facilities as may be

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requested on forms provided by the Department are submitted to and reviewed by the Department and found to comply with minimum sanitary and safety requirements and design criteria, and until a permit for the construction or major alteration is issued by the Department. Permits are valid for a period of one year from date of issue. They may be reissued upon application to the Department and payment of the permit fee. (Section 5 of the Act)

B) Fee Schedule for Construction and Major Alteration. The fee to be paid by an applicant for a permit for construction, major alteration or installation of each swimming facility shall be in accordance with Appendix B.Tables F, G and H and shall accompany the application. Fees for a permit for construction or major alteration shall be determined by the total water surface area of the swimming facility, except that aquatic features and bathing beaches shall be charged a fixed fee regardless of water surface area.

C) Plan Resubmittal Fee. Those permit applications failing to qualify for a permit for construction or major alteration after review by the Department shall be supplemented within 30 days by a plan resubmittal. (Section 5.2 of the Act) If a plan is not resubmitted, the application for a permit shall be deemed null and void. A plan resubmittal shall include, but not be limited to, revised plans, specifications and other required documentation sufficient to correct deficiencies in the application and demonstrate compliance with this Part, and shall be accompanied by the fee set forth in Appendix B.Tables F, G and H.

2) License Fees

A) Original License Fee. It shall be unlawful for any person to open, establish, maintain or operate a swimming facility within this State without first obtaining a license from the Department or, where applicable, from the ordinance health department. Applications for original licenses shall be made on forms furnished by the Department or, where applicable, by an ordinance health department. Each application shall be signed by the applicant and accompanied by an affidavit of the applicant as to the truth of the

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application. Each application shall contain: the name and address of the applicant, or names and addresses of the partners if the applicant is a partnership, or the names and addresses of the officers if the applicant is a corporation or the names and addresses of all persons having an interest in the corporation if the applicant is a group of individuals, association, or trust; and the location of the swimming facility. A license shall be valid only in the possession of the person to whom it is issued and shall not be the subject of sale, assignment, or other transfer, voluntary or involuntary, nor shall the license be valid for any premises other than those for which originally issued. In no case shall license fees be assessed by both the Department and the ordinance health department. (Section 4 of the Act) The original license fee shall be determined by the total water surface area of the swimming facility, except that aquatic features and bathing beaches shall be charged a fixed fee regardless of water surface area. (See Appendix B.Tables F, G and H.)

B) License Renewal Fee. Applications and fees for renewal of the license shall be made in writing by the holder of the license, on forms furnished by the Department, and shall be accompanied by a license application fee in accordance with Appendix B.Tables F, G and H. The license fee shall not be refundable and shall contain any change in the information submitted since the original license was issued or the latest renewal granted. License renewal fees shall be determined by the total water surface area of the swimming facility, except that special features and bathing beaches shall be charged a fixed fee regardless of water surface area. In addition to any other fees required for the renewal of a swimming facility license, the Department shall charge the following fees as stated in Appendix B.Tables F, G and H:

i) Late Fee. A late fee shall be charged when any renewal application is received by the Department after the license has expired. The late renewal fee shall be a fixed fee regardless of water surface area.

ii) Lapsed Fee. This fee is in addition to any other fees due with the renewal of a swimming facility license. The

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lapsed fee shall be a fixed fee regardless of water surface area.

3) Inspection Fees

A) Initial Inspection. The initial inspection fee shall be a fixed fee regardless of water surface area, as set forth in Appendix B.Tables F, G and H.

B) Subsequent Inspection. The subsequent inspection fee shall be a fixed fee regardless of water surface area, as set forth in Appendix B.Tables F, G and H.

b) All fees, unless otherwise established specifically by an agent or ordinance health department, shall be paid as set forth in Appendix B.Tables F, G and H.

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.110 Water Supplies

a) The water supply for drinking, showers, bathing, culinary purposes and the swimming facilitypool proper shall be obtained from a community water system in compliance with the Illinois Environmental Protection Agency's rulesRules for Public Water Supplies (35 Ill. Adm. Code: Subtitle F, Chapters I and II), a non- community public water supply in compliance with the Department's Drinking Water Systems Code (77 Ill. Adm. Code 900), or a semi-private water supply in compliance with the Department's Public Area Sanitary Practice Code (77 Ill. Adm. Code 895).

b) The water supply used for filling a swimming facilitypool shall be capable of providing enough water to raise the water level in the facilitypool at least 1one inch in three hours.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.120 Wastewater Disposal

a) Sewage generated from the operation of a swimming facilitypool or bathing beach shall discharge to a public sanitary sewer or to a system that complies with the

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Department's Private Sewage Disposal Code (77 Ill. Adm. Code 905).

b) Deck or surface area drainage water may be discharged directly to storm sewers, natural drainage areas, or the ground surface. DrainageSuch drainage shall not result in nuisance conditions that create an offensive odor, produce a stagnant wet area, or create an environment for insectthe breeding of insects.

c) Wash or backwash water from filters shall be discharged to natural drainage areas, sanitary sewers, storm sewers, or to the ground surface in a manner that does not result in a nuisance condition.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.130 Food Service Sanitation

All food service establishments operated in conjunction with swimming facilitiespools or bathing beaches shall be constructed and operated in accordance with the Department's Food Service Sanitation Code (77 Ill. Adm. Code 750).

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.140 Exemptions

a) Design standards contained in Sections 820.200 to 820.250 shall not apply to a licensed swimming facilitypool existing on or before May 20, 1999, except when, in the interest of public health or safety, remedial action to correct a condition not in compliance with a design standard is ordered by the Department or authorized agent. Conditions requiring remedial actionExamples of such conditions may include, but shall not be limited to, inadequate lighting or enclosure barriers, unsafe deck conditions, lack of depth markers, disinfection systems that do not allow the minimum disinfectant levels to be maintained, and previously cited violations that were not corrected as required. However, in accordance with Section 820.100(e) of this Part, constructiondevelopment, repairs, remodeling or major alterations of existing facilities shall comply with the design standards of this Part.

b) Exempt facilities may be subject to operational procedures in addition to or in place of those specified in Section 820.340, as specified by the Department, in lieu of compliance with the design standards of this Part.

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(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.145 Swimming Facilities in Existence Prior to January 1, 2009

a) All swimming facilities with suction outlets located in the pool shall comply with Section 820.200(e) and Section 820.210(f)(3). Compliance with Section 820.210(f)(3)(G) is not required when suction outlets comply with one or more of the following:

1) The suction outlet piping system is equipped with a safety vent pipe that will introduce air into the suction pipe if the water level in the vent pipe drops to a level of no more than 5 feet below the water level in the pool, but shall not introduce air into the suction piping when there is no obstruction of a suction outlet or in suction piping. The diameter of the vent pipe shall be at least ½ the diameter of the suction pipe, but not less than 1½ inches. The top of the vent pipe shall be open to the atmosphere and shall not be accessible to the public. The opening shall be protected against entry of dirt, rodents, birds, leaves, and other objects, and shall be accessible for cleaning and inspection; or

2) The suction outlet piping system is equipped with a safety vacuum release system, which shall be installed in accordance with the manufacturer's specifications. A safety vacuum release system shall be certified in accordance with ASME/ANSI A112.19.17-2002 or ASTM F2387-04; or

3) Water flows from the suction outlet to a surge tank, vacuum filter tank or balance tank by force of gravity, and the pump suction pipe draws water from the surge, vacuum filter or balance tank and is not directly connected to the suction outlet. The vacuum filter, surge or balance tank shall be vented to the atmosphere. The vent shall be designed to prevent blockage.

b) Existing skimmer equalizer lines shall be permanently disabled or the piping shall be rerouted as required by Section 820.210(f)(5)(F).

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.150 Variances

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NOTICE OF ADOPTED AMENDMENTS a) The Department may approve variances to this Part when the variance will provide appropriate protection of public health and safety. A request for a variance may be submitted to the Department only by a facility owner or licensee, by a project designer, or by a permit applicant. A variance request must state each the specific code requirement fromrequirement(s) for which a variance is sought and a complete description of the condition that does not or would not comply with this Part, the reason for the request, and an explanation of the manner in which the design will provide protection of public health and safety substantially equivalent to that provided by compliance with this Part. WhenWhere necessary, or when requested by the Department, plans and/or specifications showing an existing condition or proposed construction or major alterationdevelopment shall be submitted.

b) The Department will notify the applicant in writing of its decision whether to approve the variance. The Department will give consideration to difficulties in complying with this Part and to innovative designs.

c) When granting a variance request, the Department may attach conditions necessary to protect public health that the recipient of the variancepermit applicant, facility owner or licensee, as applicable, must comply with as a condition of the variance. When determining whether to attach conditions to the variance, the Department shall consider the degree of risk to the public posed by the variance, the degree to which the risk can be safely mitigated, and other factors that affect public health and safety. Failure to comply with thesuch conditions shall constitute a violation of this Part.

d) If, at any time, the Department finds that a variance has resulted in a compromise of public health or safety, or if the licensee or permit applicant has failed to comply with conditions attached to the variance, the Department willshall revoke the variance. The licensee or permit applicant shall then take such action as is required to comply with this Part.

e) A person from whom a variance has been revoked shall have an opportunity for a hearing before the Department in accordance with the Department's Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100).

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

SUBPART C: SWIMMING FACILITY DESIGN REQUIREMENTS

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Section 820.200 General Design Requirements

Swimming facilities and appurtenances, including other pools associated with or provided as appurtenances to swimming pools, shall comply with this Subpart.

a) Enclosures

1) The swimming pool area shall be completely enclosed by a protective wall, fence or other barrier, at least 4 feet high, measured on the inside and outside, and not providing ready footing for climbing. The height of an opening under the bottom of the barrier shall not exceed 4 inches. The openings in any barrier shall not exceed 4 inches in width and height.

2) Each entrance into the pool enclosure shall be equipped with a door or gate that is self-closing and self-latching. This requirement is not necessary when people enter the pool area through the bather preparation facilitybathhouse and lifeguards are provided in the pool area. Doors and gates at all entrances to the pool enclosure shallmust be equipped with hardware that permits secure locking of the entrance.

3) A balcony shall not overhang or extend within 10 feet horizontally of any portion of the water surface of a swimming pool.

4) Sand areas shall not be allowed inside of the pool enclosure unless a barrier is provided to control access to the pool. If access is allowed to sandsuch areas, an arrangement must be provided that requires bathers passing from the sand area to the pool area shall be required to pass through a shower facility with heated or tempered water for removal of sand.

b) Bather Load. The Department will compute a bather load for each swimming pool area. A bather load shall be specified with the issuance of a construction permit for a new swimming pool. In the case of multiple swimming pools contained within a common enclosure, the Department may compute a combined bather load for the pool enclosure. The criteria to be used for computing the bather load are as follows:

1) Shallow Area. Fifteen square feet of water surface shall be required for

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each bather.

2) Deep Area. Twenty-five square feet of water surface shall be required for each bather, with 300 square feet deducted for each diving board or platform.

3) The bather load for wading pools shall be computed at 15 square feet of pool water surface for each bather.

4) A designated plunge area or landing area for a slide, as specified in Section 820.250 of this Part, shall not be considered in computing a bather load.

5) One bather shall be allowed for each 50 square feet of pool deck area in excess of the minimum specified in subsection Section 820.200(j)(1). c) Structure. A licensed architect or structural engineer shall certify that the pool is designed to withstand all anticipated hydraulic structural loadings for both full and empty conditions. All appurtenances to the pool, such as diving boards and slides, shall be designed to carry the anticipated load. d) Material. Pools shall be constructed of materials that provide a rigid, watertight shell with a smooth, impervious, light-colored finish that is non-toxic and easily cleaned. The floor of shallow areas shall have a slip-resistant finish. Pool vinyl liners may be installed only over a base of concrete, steel or other such rigid material. e) Obstruction. An obstruction creating a safety hazard shall not extend into or above the pool, or shall not protrude from the floor of the pool. Certified safety covers for suction outlets shall not protrude more than 2two inches from the floor or walls of the pool. f) Slope of Pool Floor. The floor of a pool shall slope downward toward the main drain. The slope in shallow areas shall not exceed 1one foot vertical in 12 feet horizontal except for a slope directed downward from a transition point, which shall not exceed 1one foot vertical in 3 feet horizontal. In portions of the pool with a depth greater than 5 feet, the front slope of the deep area shall not be steeper than 1one foot in 3 feet. The slope requirements are illustrated in Appendix A.: Illustration A.

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g) Transition Point. Transition points shall be marked with a stripe on the pool floor having a width of at least 4 inches wide inand a color that contrasts with that of the floor, and with a buoyed safety rope with colored buoys, installed at least 1one foot on the shallow side of the transition point. In other pools having adjoining shallow and deep areas, a safety rope with colored buoys shall be installed where the water depth reaches 5 feet.

h) Pool Walls

1) Pool walls shall meet the following requirements:

A) Where the pool depth is 42 inches or less, pool walls shall be vertical to the floor. The junction of the wall with the floor shall consist of a cove with a radius not exceeding 6 inches.

B) Where the pool depth exceeds 42 inches, pool walls shall meet one of the following criteria:

i) The wall shall be vertical for a distance of at least 5 feet below the water level, below which the wall may angle to the floor; or

ii) The wall shall be vertical for a distance of at least 3 feet below the water level, below which the wall shall form a curve to the floor. The curve shall be tangent to the pool wall and shall have a radius of curvature at least equal to the vertical distance between the center of curvature and the pool floor.

2) If pool ledges are provided, they shall have a maximum 6-inch width, shall be located at least 3 feet below the water level, shall slope away from the pool wall and shall have a slip-resistant surface with a color that contrasts with the pool walls and floor. The pool wall below the ledge shall be constructed in accordance with the requirements of this Section, except that the pool wall may slope inward toward the pool at an angle not exceeding 11 degrees from vertical.

3) Underwater seat benches shall be located a maximum of 20 inches below

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the water level, be visually set apart, have a slip-resistant surface, and be recessed into the pool wall or be installed so that there are no exposed corners or vertical edges in the pool.

4) All junctions between pool walls, and between pool walls and the pool floor, shall be coved with a minimum radius of 1one inch.

5) Devices for anchoring safety ropes and racing lane divider ropes shall be recessed into the pool wall.

6) An effective handhold shall be provided at or near the water level where the pool depth is 30 inches or greater. The handhold may consist of the rounded lip of a perimeter overflow system or bullnose coping with round, raised handhold not exceeding 2½ inches in thickness, or other effective handhold. The handhold shall not protrude more than 2 inches into or over the pool. i) Depth Markers

1) The water depth shall be marked at or above the water surface on the wall of the pool and on the edge of the deck next to the pool so as to be readable by persons entering or in the pool. IfWhere depth markers cannot be placed on the walls at or above the water level sosuch that at least 50 percent% of the marking is above water level, they shall be placed on the pool wall as high as practicable and also on the fencing or pool enclosure so as to be plainly visible to persons in the pool. Depth markings shall be provided at the shallow and deep ends of the pool, the transition point, and the point of maximum depth, and shall be spaced at not more than 25 foot intervals measured peripherally, except that depth markings are not required at a zero-depth edge.

2) Depth markers shall indicate pool depth in either feet, feet and inches, or feet and fractions of a foot, and shall be of a color that contrasts with the background. Numerals indicating depth shall be a minimum of 4 inches high.

3) In shallow areas, "no diving" markers or symbols at least 4 inches high shallmust be located at not more than 25 foot intervals around the pool perimeter except at a zero-depth edge.

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j) Walkways and Deck Areas

1) Except for plunge pools, wave pools and lazy rivers, pools shall be completely surrounded by a deck that is at least 4 feet in width and extends completely around and adjacent to the pool. Except as allowed for wave pools in subsection (u)(3), there shall be no obstructions or interruptions of the pool deck within the 4 feet adjacent to the pool other than necessary structural supports, or appurtenances such as diving boards, slides, perimeter overflow systems, or handrails. A clear, unobstructed walkway at least 42 inches in width shall be maintained at such obstructions or interruptions.

2) Structural supports located within the minimum required deck width or within 4 feet of the swimming pool shall be no closer than 10 feet apart measured parallel to the adjacent perimeter of the pool, with the dimension of any single support in a plane parallel to the adjacent pool perimeter no greater than 3 feet and the sum of all such support dimensions no greater than 10 percent of the pool perimeter.

3) The deck between two adjacent swimming pools shall be at least 8 feet wide. All decks and walkways shall have an unobstructed overhead clearance of at least 7 feet.

4) Deck Coverings. Synthetic material may be installed if it meets the following criteria:

A) It is non-fibrous and allows drainage sosuch that it will not remain wet or retain moisture;

B) It is inert and will not support bacterial or fungal growth;

C) It is durable;

D) It is cleanable; and

E) It provides a slip-resistant finish.

5) The deck shall slope at least 1one inch per 10 feet to deck drains or to the

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surrounding ground surface. The maximum slope of the pool deck shall not exceed 1one inch per foot.

6) Except for linear drains, deck drains shall be located so that not more than 900 square feet of deck area is tributary to each drain, and deck drains shall not be more than 30 feet apart. Deck drains shall be located so that water does not drain more than 15 feet in any one direction. Where deck widths are 15 feet or less, deck drains are not required, provided that the deck drains to the ground surface. The deck drains shall not be connected to the pool water recirculation system. Pools designed to operate where the pool water level is at the deck level may be allowed to drain the first 4 feet of deck into the pool perimeter overflow system. Up to 10 feet of the deck adjacent to a zero-depth edge may be drained into the pool.

7) The decks and walkways shall have a paved surface. The surface of the pool deck, and other surfaces used for foot contact, such as gratings of perimeter overflow systems, shall be slip-resistant.

8) The outer perimeter of the deck for outdoor pools shall be at least 4 inches higher than the surrounding ground surface except where access is provided to adjacent turf areas.

9) Any opening in the deck shall have a locking type cover that is flush with the deck.

10) Hose bibbs shall be provided for cleaning all parts of the pool and deck (maximum separation 150 feet).

11) Except for wave pools, the vertical distance between the surface of the deck, pool curb or pool rim and the water level shall not exceed 10 inches.

12) A pool perimeter curb or raised rim, if provided, shall be at least 4 inches in height, measured above the adjacent pool deck surface. This requirement does not apply to a handhold provided in accordance with subsection (h)(6). k) Ladders, Step-Holes, Steps and Ramps

1) Swimming pools shall have at least two means of egress, located near

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opposite ends. Pools 30 feet or more in width shall have at least four means of egress, which shall be located near each end and on opposite sides. A means of egress shall consist of a ladder, step-holes and grab rails, stair, ramp, or zero-depth edge. The distance from any point with a depth greater than 30 inches in the swimming pool to a means of egress shall not exceed 50 feet. At least two ladders or sets of step-holes shall be located at the deep area of the swimming pool ifwhen more than one diving board is provided.

2) Step-holes shall have a minimum tread depth of 5 inches. Where step- holes or ladders are provided, there shall be a handrail or grab railgrabrail at the top on both sides that extends to the edge of the pool.

3) Steps shall be of contrasting color or marked to contrast with the pool floor and have uniform size treads of at least 12 inches and a rise of no more than 12 inches. Steps shall be located where the water depth is 3½ feet or less and shall have no pointed or sharp edges. One sturdy handrail or grab railgrabrail per 12 feet of step width or fraction of step widththereof, extending the length of the steps, shall be provided.

4) All ladders, step-holes, and steps shall have slip-resistant surfaces.

5) Ramps shall slope at no more than 1one foot in 12, shall have a slip- resistant surface, shall be no more than 4 feet wide, and shall have handrails on both sides. l) Drinking Fountains. A drinking fountain shall be provided on the pool deck for the use of bathers. m) Diving Area

1) Handrails shall be provided at all steps and ladders leading to diving boards, except for those ladders set at 15° or less from the vertical. Platforms and diving boards that are 1one meter or higher shall be protected with guard railings. One meter diving board guard rails shall be at least 30 inches above the diving board and extend to the pool water's edge. All platforms or diving boards higher than 1one meter shall have guard rails that are at least 36 inches above the diving board or platform and extend to the pool water's edge. Three-meter platforms and boards

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shall have a side rail barrier.

2) The dimensions of the diving area of a pool that has diving boards or platforms of 3 meters or less in height shall conform to those shown in Appendix A., Illustration C. TheIn such pools, the distance from the plummet to the pool wall ahead shall be at least 34 feet.

3) Swimming pools constructed with diving facilities in excess of 3 meters in height shall comply with dimensions given in Appendix B., Table A and illustrated in Appendix A., Illustration D. If the pool is used for swimming as well as diving and if slope N transitions from the deep to the shallow end, then transition slope N shall not be steeper than 1one foot in 3.

4) There shall be no obstruction extending from the wall or the floor into the clear area of the diving portion of the pool. There shall be an unobstructed distance of 16 feet above the diving board, measured from the center of the front end of the board, and this clearance shall extend at least 8 feet behind, 8 feet to each side, and 16 feet ahead of the measuring point.

5) A plunge area shall be designated for each diving board or platform. There shall be no overlap from plunge areas of other diving facilities or slides. The plunge area for a diving board of 1one meter height or less shall extend 4 feet laterally from the center of the board on either side and for a distance of 28 feet in front of the tip of the board. For diving boards or platforms greater than 1one meter in height, the plunge area shall extend 6 feet laterally from the center of a diving board or from the side of a platform on either side and for a distance of at least 34 feet in front of the board or platform. n) Starting Platforms

1) For swimming pools issued a construction permit after May 20, 1999, or starting platforms installed after that date at existing pools, starting platforms shall be installed only where the water depth is at least 3½ feet.

2) The top front edge of the platform shall be no more than 30 inches above the water level for water depths 4 feet or more. For water depths between 3½ and 4 feet, the top front edge of the platform shall not exceed 20

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inches above the water level. o) Electrical Installation – Lighting

1) All aspects of the facility shall complyconform with the 2008 National Electrical Code.

2) Artificial lighting shall be provided at all indoor pools and at all outdoor pools that are open for use after sunset in accordance with one of the following:

A) Underwater lighting of at least 8.35 lumens or 0.5 watts per square foot of pool water surface area, located to provide illumination of the entire pool floor; plus area lighting of at least 10 lumens or 0.6 watts per square foot of deck area.

B) If underwater lights are not provided, at least 33.5 lumens or 2.0 watts per square foot of pool water surface area and deck area.

3) Where portable electric vacuum cleaning equipment is used, electrical receptacles with ground-fault circuit interrupter protection shall be provided. Separation between receptacles shall be a maximum of 100 feet. All receptacles installed in the swimming pool area shall have waterproof covers and ground-fault circuit interrupter protection.

4) Light dimmers shall not be installed on underwater lighting or lights for the pool deck.

5) Lighting controls shall not be accessible to the public.

p) Acoustics. Indoor pools shall receive acoustical treatment.

q) Ventilation. Indoor pools shall be mechanically ventilated and have humidity control. The ventilation system shall be capable of admitting 0.5 cubic feet per minute of outdoor air per square feet of floor area, including water surface area, in the pool enclosure.

r) Plumbing. All plumbing shall be in accordance with the Illinois Plumbing Code (77 Ill. Adm. Code 890).

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s) Emergency Telephone. Every swimming pool shall have a telephone that is accessible within the confines of the pool area or within 300 feet of the pool area, in case of emergencies. t) Equipment Rooms

1) Equipment for swimming pool water treatment shall be housed in a lighted and ventilated room that affords protection from the weather and prevents unauthorized access.

2) The equipment room floor shall slope toward drains and shall have a slip- resistant finish.

3) A hose bibb shall be installed in the equipment room.

4) Suitable space, if not provided in the equipment room, shall be provided within the premises for storage of chemicals, tools, equipment, supplies and records and shall be weatherproof and protected from unauthorized access.

5) Electrical receptacles in the equipment room shall have ground-fault circuit interrupter protection. u) Wave Pools. Wave pools shall comply with the following, and, except as specified in this subsection (u)below, with the requirements of this Section and Sections 820.210 and 820.220 of this Part:

1) Overflow gutters, skimmers, and inlets are not required along the deep end wall from which waves are generated.

2) Wave-generating equipment shall be installed and shall be provided with an emergency shut-off located at lifeguard chairs or stations on each side of the deep end of the pool.

3) A deck as specified in subsection (j) of this Section is required, except at the end of the pool where wave-generating equipment is located. Railings or other barriersbarries may be installed on the deck adjacent to the sidewalls of the pool to control entry into the pool from the sides.

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4) A safety rope will not be required if the pool is to be used only as a wave pool.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.210 Swimming Facility Water Treatment System

a) General Requirements.

1) A water treatment system, consisting of pumps, piping, filters, water conditioning, disinfection equipment and other accessory equipment shall be provided to clarify, chemically balance and disinfect the swimming pool water. The system shall be designed for a recirculation flow rate that will result in a turnover period in each pool not exceeding those specified below. Systems serving pools with skimmers shall be designed for a flow rate of at least 30 gallons per minute for each skimmer.

Type of Pool Maximum Turnover Period

Diving Pools 8 Hours Wading Pools, Wading 2 Hours Areas Plunge Pools and Plunge 2 Hours Areas for Water Slides Lazy Rivers 2 Hours Other Pools 6 Hours Spas 30 Minutes

2) Other than equipment for circulating, heating, filtering and chemically treating water, as specified in this Section, or for automation of water quality control, no other type of device may be usedutilized as part of a pool water treatment system.

b) Pumping Equipment

1) The recirculation pump shall deliver the flow necessary to obtain a turnover as specified in subsection (a) of this Section. A valve for regulating the rate of flow shall be provided in the recirculation pump

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discharge piping.

2) The pump shall provide a minimum backwash rate of 15 gallons per minute per square foot of filter area in sand filter systems. The pump shall supply the required recirculation rate at a total dynamic head of at least 50 feet for all vacuum filters, 70 feet for pressure sand or cartridge filters, or 80 feet for pressure diatomaceous earth filters, unless a lower head is shown by the designer to be hydraulically appropriate.

3) If the pump operates with static suction lift, it shall be self-priming.

4) Where vacuum filters are used, a vacuum limit switch shall be provided on the pump suction line. The vacuum limit switch shall be set for a maximum vacuum of 18 inches of mercury.

5) A compound vacuum-pressure gauge shall be installed on the pump suction line as close to the pump as possible. A vacuum gauge may be used for pumps with suction lift. A pressure gauge shall be installed on the pump discharge line adjacent to the pump, with no valves between the pump and the gauge. Gauges shall be installed where they can be easily read.

6) Hair and Lint Strainer. A hair and lint strainer shall be installed on the suction side of the pump except on vacuum filter systems. The strainer basket shall be easily removable. Valves shall be installed to allow the flow to be shut off during cleaning, switching baskets, or inspection. c) Water Heater. A water heater shall be installed at all indoor pools. Pool water heaters shall be installed in accordance with the manufacturer's recommendations.

1) The heater piping system shall be equipped with a valve bypass pipe around the heater, sized for the swimming pool design flow rate. The influent and effluent heater piping shall be valved, and shall conform to material specifications as approved for water distribution applications in the Illinois Plumbing Code.

2) A heating coil, pipe or steam hose shall not be installed in a swimming pool.

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3) Thermometers shall be provided in the piping to check the temperature of the water returning from the pool and the temperature of the blended water returning to the pool.

4) The design of the water heating system shall prevent the introduction of water in excess of 115° F. to the pool.

5) A pressure relief valve with a maximum pressure rating of 75 pounds per square inch and having a thermal capacity at least equal to the heat input rating of the heater shall be provided, with the discharge piped to within 6 inches of the floor.

6) GasVenting of gas or other fuel-burning water heaters shall be vented to the outdoors shall be provided.

7) Heaters for indoor pools shall be capable of maintaining a minimum pool water temperature of 76° F.

8) Combustion and ventilation air shall be provided for fuel-burning water heaters as required by the heater manufacturer.

9) Heaters for indoor swimming pools shall be sized on a basis of 150 British Thermal Units (BTU) per hour input per square foot of pool water surface area.

(1 kilowatt = 3,412 BTU/hr.)

10) Heat exchangers used to heat pool water by use of a toxic transfer fluid, as defined in Section 890.120122(a)(4) of the Illinois Plumbing Code, shall be of double-wall construction, with the space between the two walls having a drain open to the atmosphere. d) Flow Meter. Flow metersFlowmeter. Flowmeters shall be located so that the rate of recirculation and the backwash rate of sand filters can be read. In a multiple pool system, flow metersflowmeters shall be provided for each pool. Separate flow metersflowmeters shall be provided to monitor the flow for each area of a pool with a turnover rate that differs from adjacent areas according to subsection (b)(1). Flow metersFlowmeters shall be provided on inlet supply piping in accordance with subsection (f)(2)(G)(f)(2)(F). Flow metersFlowmeters shall be

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installed on a straight length of pipe with no valves, elbows or other sources of turbulence within 10 pipe diameters upstream or 5 diameters downstream from the flow metersflowmeter. (See Appendix A., Illustration G.) e) Vacuum Cleaning System

1) A vacuum cleaning system capable of reaching all parts of the pool floor shall be provided.

2) When the vacuum cleaning system is an integral part of the pool recirculation system, the wall fitting shall connect to the suction side of the pump ahead of the hair and lint strainer. Vacuum outlets in pools shall be equipped with covers that automatically close and latch when the vacuum hose is removed. A shut-off valve shall be installed in the piping. The suction outlet fitting shall comply with IAPMO SPS42000. f) Piping, Skimmer and Overflow System

1) Piping.

A) The pool recirculation piping shall comply with Section 890.Appendix A.Table A of the Illinois Plumbing Code for water service pipe or water distribution pipe as listed in 77 Ill. Adm. Code 890, Appendix A, Table A.

B) The piping shall be designed to carry the required flow at velocities not exceeding 5 feet per second in suction piping, and 10 feet per second in pressure piping, unless greater velocities can be hydraulically provided. Gravity piping shall be sized so that the head loss in piping, fittings, valves, etc., does not exceed the head available during normal operating conditions.

C) The following waste lines shall be provided with 6-inch air gaps at their points of discharge to the waste sump or sewer:

i) Main drain bypass or other connections to waste;.

ii) Sub-surface drains or deck drains around a pool that discharge to a sanitary or combined sewer;.

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iii) Filter backwash or drain lines and overflow lines;.

iv) Surge tank drain and overflow lines;.

v) Pump discharge to waste lines; and.

vi) Gutter bypass to waste lines.

2) Inlets.

A) Inlets for filtered water shall be located and directed to produce uniform circulation of water to maintainfacilitate the maintenance of a uniform disinfectant residual throughout the entire pool without the existence of dead spots, and to produce surface flow patterns that effectively assist skimming. In pools with skimmers, inlets installed where the water depth is 18 inches or more shall be installed in the pool wall at a depth of 8 inches to 16 inches below the mid-point on the skimmer throat. Each inlet installed in a wall of a pool where skimmers are usedutilized shall be directional.

B) The velocity of flow through any inlet orifice shall be in the range of 5 to 20 feet per second, except that in pools equipped with skimmers it shall be in the range of 10 to 20 feet per second. Velocities for various flows are shown in Appendix B., Table C.

C) Inlets installed in pool walls shall be spaced as follows:

i) In the shallow end wall, each inlet shall serve a linear distance of no more than 8 feet. In the deep end wall, each inlet shall serve a linear distance of not more than 15 feet.

ii) In pools with a water surface area greater than 1,500 square feet or length in excess of 60 feet, additional inlets shall be provided along side walls at no more than 15-foot intervals.

iii) The location of inlets in pools with skimmers may vary from the above requirements of this subsection (f)(2)(C) to allow locations that will assist in skimming.

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D) At least one inlet shall be located in each recessed stairwell or other space where water circulation might be impaired.

E) Where floor inlets are used, inlets shall be uniformly spaced at a distance of no greater than 20 feet apart, and rows of inlets shall be within 15 feet of each side wall. Floor inlets shall be flush with the pool floor and shall include a diffuser plate to evenly distribute the flow in all directions.

F) Floor inlets are required in wading areas that are more than 30 feet in width.

G) If both wall and floor inlets are usedutilized in a swimming pool, the wall inlets and the floor inlets shall be supplied by separate piping, with valves and flow metersflowmeters installed in each so that the flow can be individually regulated and monitored.

3) Outlets.

A) Each pool shall be provided with a main drain system installed at the deepest point, which shall be connected to the pool recirculation system. For multiple-purpose pools, with a floor consisting of more than one drainage area, at least one drain shall be provided in each basin, so that each portion of the pool floor is sloped to drain.

B) Main drains shall be spaced not less than 3 feet apart, nor more than 30 feet apart, nor more than 15 feet from side walls, and shall be connected in parallel.

C) A hydrostatic relief valve shall be provided for in-ground pools.

D) Main drain piping shall be sized for removal of the water through it at a rate of at least 100 percent% of the design recirculation flow rate. The piping system shall be valved to permit adjustment of flow through it.

E) IfIn cases where the pool cannot be drained completely through the

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main drain, a portable pump that will effect complete pool drainage shall be provided.

F) Each outlet, including main drains and suction outlets, but not including skimmers, shall be covered with a certified safety cover having openings not exceeding ½ inch that is not removable without the use of tools or meets the requirements of subsection (f)(3)(K). The water flow rate through certified safety covers shall not exceed the maximum flow rate recommended by the manufacturer.

G) Suction outlets shall be equipped with a certified safety cover with dimensions of at least 18 by 23 inches or 29 inches diagonally, or the suction system shall include a minimum of two hydraulically balanced outlets spaced at least 3 feet apart, center to center. In a spa, the two outlets may be installed closer than 3 feet apart if installed on different surfaces, e.g., one outlet in the floor and one in a wall.

H) For systems with multiple suction outlets, the sum of the maximum flow rates for the covers shall be at least twice the system maximum flow rate. This requirement shall not apply to systems in which each suction outlet is at least 18 inches by 23 inches or 29 inches as measured diagonally.

I) A suction outlet shall not be installed on a horizontal surface of a stair or seat.

J) Suction outlets and certified safety covers shall be installed in accordance with the manufacturer's requirements. For suction outlets with field-fabricated sumps or other sumps not specified by the manufacturer of a certified safety cover installed on the outlet, there shall be a spacing of at least 1½ pipe diameters between the outlet pipe or fitting and the bottom of the cover.

K) Field-fabricated suction outlets that are at least 18 inches by 23 inches in size shall be certified for compliance with ANSI/APSP 16conformance to ASME Standard A112.19.8-2007 by a professional engineer licensed to practice in Illinois. The Licensed

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Professional Engineer shall provide documentationDocumentation of the testing and a certification document shall be issued by the engineer to the property owner. The Licensed Professional Engineerengineer shall certify a maximum flow rate for each such outlet. Copies of all documentation shall be retained on the swimming facility premises for inspection by the Department.

L) The following documentation is required to certify a field- fabricated suction outlet for compliance withconformance to the ANSI/APSP 16ASME/ANSI A112.19.8-2007 standard:

i) The suction fitting shall not protrude from the installed surface more than 2 inches.

ii) The maximum allowable flow through the cover shall be calculated and specified.

iii) The maximum system flow rate for the pool pump shall be specified.

iv) The design of a field-fabricated suction outlet shall be specified by a licensed engineer to fully address the considerations of cover/grate loadings;, durability;, hair, finger and limb entrapment issues;, cover/grate secondary layer of protection;, related sump design; and other features specific to the site.

v) Field-fabricated suction outlets shall have the following information specified by the licensed engineer: compliance with ANSI/APSP 16ASME A112.19.8-2007; statement of single or multiple drain use; maximum certified flow rate; installed life of the fitting in years; installation position of the outlet (wall or floor); and instructions on installation and service for the fitting.

4) Perimeter Overflow Systems.

A) Pools that have a width exceeding 30 feet shall have a continuous perimeter overflow system.

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B) A perimeter overflow system shall:

i) Extend completely around the pool except that interruptions not exceeding 25 percent% of the pool perimeter nor 30 feet each may be allowed for steps, water slide entries, and side walls adjacent to zero-depth edges;

ii) Permit inspection, cleaning, and repair;

iii) Be designed so that no ponding or retention of water occurs;

iv) Be designed to prevent the entrapment of bather's arms, legs, and feet;

v) Except at a zero-depth edge, have an overflow lip that provides a good handhold and is level to within ⅛one eighth of an inch. At a zero-depth edge, a trench drain covered with a slip-resistant grating installed flush with the pool deck and with the pool floor, and level to within ⅛ inch measured along the pool perimeter, shall be provided;

vi) Provide for the removal of all surface debris skimmed from the pool;

vii) Be designed for removal of water from the pool surface at a rate of at least 100 percent% of the design turnover flow rate;

viii) Discharge to the recirculation system;

ix) Be provided with drains and piping that will not allow the overflow channel to become flooded when the pool is in use; and

x) Have drain gratings with open area at least equal to two times the area of the outlet pipe and that can be removed for cleaning.

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C) Surge Capacity. Perimeter overflow systems shall be provided with a surge capacity of at least 0.6 gallon per square foot of pool water surface area. Surge capacity shall be provided either in a vacuum filter tank, a surge tank, or combination of vacuum filter tank and surge tankthereof. Valving shall be provided to maintain the proper operating water level in the pool.

5) Skimmers. Skimmers are permitted on pools where the width does not exceed 30 feet. IfWhere skimmers are provided, the following shall be met:

A) At least one skimmer shall be provided for each 500 square feet of water surface area or fraction of that areathereof;

B) Skimmers shall be located to optimize skimming;

C) Each skimmer and piping shall be designed to beso that it is capable of providing a flow-through rate of not less than 30 gallons per minute;

D) Skimmers shall be piped to provide approximately equal flow through each skimmer;

E) The surface skimmer piping shall have a valve to permit adjustment of flow through it;

F) If an equalizer pipe is installed, the skimmer shall be equipped with a valve that will restrict flow through the equalizer pipe during normal operation of the skimmer. The equalizer pipe shall be connected to the main drain pipe;

G) The skimmer shall be tested in accordance with NSF Standard 50 and listed by an approved certification agency;

H) Skimming devices shall be built into the pool wall;

I) A basket that can be removed without the use of tools, and through which all overflow water must pass, shall be provided; and

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J) The skimmer shall be provided with a floating weir and shall operate at variations in water level over a range of at least 4 inches. g) Make-up Water. Make-up water shall be added through a fixed air gap of at least 6 inches to the pool, surge tank, vacuum filter tank, or other receptacle. When make-up water is added directly to the pool, the fill-spout shall be located under a low diving board or immediately adjacent to a ladder rail, grab rail, or fixed lifeguard chair. There shall be no connection between a therapy pool or associated water treatment system and a swimming pool or its recirculation system. h) Filtration

1) Filters shall be certified to comply with NSF Standard 50 and listed as such by an approved certification agency. The design filtration rate in the particular application in which the filter is usedutilized shall not exceed the maximum design filtration rate for which the filter was certified. An official certification label from the certifying agency shall be permanently affixed to the filter.

2) Pressure gauges that indicate the inlet and outlet pressures of pressure filters shall be installed.

3) For pressure filters, an observable free-fall discharge, sight glass or other means of determining the clarity of backwash water shall be provided.

4) Overflow piping shall be connected to vacuum filters if the rim of the filter tank is below the pool water level. Drain piping for vacuum filter tanks shall be provided.

5) The backwash rate for sand filters shall be at least 15 gallons per minute per square foot of filter area. A lesser backwash rate may be allowed when air scouring is usedutilized in accordance with the filter manufacturer's specifications.

6) A filter backwash disposal facility, designed so that flooding, overflowing or excessive splashing does not occur when the filter is backwashed at the required flow rate, shall be provided where filters designed to be backwashed are usedutilized.

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7) A filter pre-coatprecoat pot or funnel shall be installed on the pump suction piping when diatomaceous earth filters are usedutilized, unless a pre-coatprecoat pot is provided as an integral part of the filter. The filter piping shall allow recycling or disposal of filter effluent during the pre- coatingprecoating operation.

8) If continuous feeding of diatomaceous earth is usedutilized with a vacuum diatomaceous filter in order to permit a design filtration rate higher than would otherwise be allowable, equipment capable of feeding diatomaceous earth at a rate of at least 1.5 ounces per day per square foot of filter area shall be provided.

9) Filter media for sand filters shall be as specified by the filter manufacturer.

10) Prior to disposal, wash or backwash water from diatomaceous earth filters shall be passed through a separation tank designed for removal of suspended diatomaceous earth and solids. i) Chemical Feeders

1) Equipment Capacity.

A) Chlorine. Equipment for supplying chlorine or chlorine compounds shall be of sufficient capacity to feed chlorine at a rate of 8 parts per million (p.p.m.) for outdoor pools and three parts per million for indoor pools, based on the flow rate required by the table in subsection (a). Feed rates for various chlorinators and solutions are shown in Appendix B., Table D.

B) Bromine. Equipment for supplying bromine shall be capable of delivering at least 15 p.p.m.parts per million for outdoor pools and 5 p.p.m.parts per million for indoor pools based on a minimum design flow rate as required by the table in subsection (a).

C) Ozone.

i) Ozone may be used as a supplement to chlorination or bromination as required in subsection (i)(1). Ozone-

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generating equipment and its components shall be tested in accordance with NSF Standard 50 and listed by an approved certification agency.

ii) The ambient air ozone concentration shall be less than 0.10 parts per million (p.p.m.) in the vicinity of the ozonator and at the pool water surface. Ambient ozone monitors shall be installed in the equipment room, in the vicinity of the ozone-generating equipment, and, when the ozonation system is usedutilized at an indoor swimming pool facility, in the swimming pool enclosure. Audible and visual alarms that are activated by ozone concentrations in excess of .10 p.p.m.parts per million shall be connected to the ozone monitor. The ozone-generating equipment shall automatically shut off when the ozone concentration in the air exceeds 0.30 p.p.m. or when the pool recirculation flow is interrupted.

iii) All corona discharge systems shall include a method for removing ozone in the water in excess of 0.1 p.p.m. prior to return to the pool.

2) Positive Displacement Pumps (Hypochlorinators). Positive displacement pumps that are used to inject the disinfectant solution into the recirculation line shall be of variable flow type, shall be of sufficient capacity to feed the amount of disinfectant required by subsection (i)(1), and shall be installed sosuch that feeding of chemicals is interrupted whenever the swimming pool recirculation flow is interrupted. Positive displacement pumps for feeding chlorine compounds or chemicals for control of pH shall be certified by a certified laboratory to conform to NSF Standard 50. If calcium hypochlorite is used, the concentration of calcium hypochlorite in the solution shall not exceed 5 percent by weight. The solution container shall have a minimum capacity equal to the volume of solution required per day at the feed rate required in subsection (i)(1).

3) Gas Chlorinators.

A) The chlorine supply and gas-feeding equipment shall be housed in a separate, relatively air-tight room with an out-swinging door. The

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room shall be provided with an exhaust system that takes its suction not more than 8 inches from the floor and discharges outdoors in a direction to minimize exposure to toxic fumes. The fan shall be capable of producing one air change per minute. OpeningsMeans for introducing a fresh air supply to the enclosure through appropriate openings such as filters or, grill openings, etc., at a high point opposite the exhaust fan intake shall be provided for introducing a fresh air supply to the enclosure. The intake to the make-up air supply shall be located where the discharge from the exhaust system will not be drawn back into the room. The room shall have a window with an area of at least 100 squaresq. inches and shall have artificial lighting. Electrical switches for lighting and ventilation shall be outside and adjacent to the door. Scales for weighing chlorine cylinders in service shall be provided.

B) The chlorine-feeding device shall be designed so that during interruptions of the flow of the water supply, gas feed is automatically terminated during interruptions of the flow of the water supply. In addition, the release of chlorine shall be terminated when the recirculation pump is shut off. Where other than swimming pool recirculated water is used, the supply line shall be equipped with an electric shutoff valve wired to the recirculation pump and shall be equipped with a suitable backflow preventer. (See Appendix A.Illustrations L and N, Illustrations L and N for methods of installation.)

C) Chlorinator vent lines shall terminate outdoors. A screen made from a chlorine-resistant material shall be installed where the vent line terminates outdoors in order to exclude insects.

D) The gas chlorinator shall be the solution feed type capable of delivering chlorine at its maximum rate without releasing chlorine gas to the atmosphere.

E) The water supply for the gas-feeding equipment shall produce the flow rate and pressure required according to the manufacturer's specifications for proper operation of the equipment.

4) pH Control Feeders. At pools with a volume greater than 100,000 gallons,

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or pools usingutilizing gas chlorine as a disinfectant, a chemical feed system shall be installed to maintain the pH of pool water within the range of 7.2 to 7.6. The system shall be installed so that the feeding of the pH controlling chemical is automatically interrupted whenever the swimming pool recirculation flow is interrupted. A solution tank of at least 15 gallons capacity shall be provided and shall be marked as containing a chemical to control pH. Alternatively, a system incorporating a cylinder of carbon dioxide and injecting mechanism may be employed to lower pH.

5) Erosion-Type Chemical Chlorine Feeders.

A) Erosion type chlorine and bromine feeders shall be tested in accordance with NSF Standard 50 and listed by an approved certification agency.

B) Only the chemical specified by the feeder manufacturer shall be used as the disinfecting agent.

C) Erosion type chemical feeders shall be installed in accordance with the equipment manufacturer's instructions.

6) Copper/Silver and Copper Ion Generators. All copper/silver and copper ion generators shall be tested in accordance with NSF Standard 50 and listed by an approved certification agency and may be used only as a supplement to chlorination or bromination as required in subsection (i)(1).

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.220 Swimming FacilityPool Bather Preparation Facilities

a) General Requirements. Bather preparation facilities shall be provided in accordance with subsections (b), (c) and (d) of this Section except where the facilitypool is intended to serve living units (such as hotels, motels, apartments, condominiums, dormitories, subdivisions, and resident institutions) where each living unit contains at least one toilet and one shower and is within 500 feet of the facilitypool entrance.

b) Design Requirements

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1) Bather preparation facilities to be used by both sexes shall be divided into separate areas designated for each sex.

2) Floors of bather preparation facilities, including showers, restrooms, dressing and locker rooms, and connecting walkways, shall be slip- resistant, impervious to moisture, and sloped to drain at least 1one inch in 10 feet. Material used for floor covering in these areas shall comply with Section 820.200(j)(4). Alternative, except that alternative floor coverings may be installed in locker or dressing areas with prior approval of the Department, if the Department determines that the installation is unlikely to result in a condition detrimental to public health. In considering approval of an installation of an alternative product, the Department shall consider factors such as:

A) Whether the product is likely to become or to remain wet, considering separation distance between locations where the floor covering product would be installed and wet areas, such as toilet and shower facilities, and anticipated usage of the facility;.

B) Properties of the product, including factors affecting rate of drying, propensity of the product to support microbial growth, and ease of cleaning and disinfecting;.

C) If the Department learnsdetermines that a condition detrimental to public health results from the installation of an alternative product, or if there is failure to comply with the care and maintenance conditions specified with the approval, whether tothe Department may order removal of the alternative product.

3) BatherThe layout of bather preparation facilities serving swimming facilitiespools with bather loads of greater than 200 shall be designed sosuch that passage from the showers to the swimming facilitypool shall not berequire passage through dressing room areas and other dry areas of the bather preparation facilitybathhouse.

4) The rooms shall be ventilated and lighted.

5) A hose bibb shall be provided in each side of the bather preparation facilities.

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c) Showers, Toilets, and Lavatories. Showers and lavatories shall be provided with liquid or powdered soap dispensers. Showers shall be supplied with water at a temperature of at least 90° F and not more than 115° F with temperature controls that prevent scalding. The number of fixtures provided shall be as shown in Appendix B., Table E. At a swimming facilitypool used by school classes, one shower for every four persons in the largest class shall be provided for each sex, except that in no case shall the number be less than shown in Appendix B., Table E.

d) Dressing Rooms. For swimming facilitiespools with a bather load of more than 300, a dressing area shall be provided for each sex. Shower and toilet areas and walkways shall not be considered dressing areas.

e) Foot Spray. A foot spray, if provided, shall be supplied from the potable water system or the swimming facilitypool recirculation system, have a spray head 18 to 24 inches above the walkway, have a conveniently located valve, be arranged to spray the bathers from knees to feet as they enter the enclosure, and have a drain.

f) Foot Bath. No new footbaths may be constructed or installed after May 20, 1999.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.230 Wading Pools

a) Floor. The floor shall be slip-resistant and sloped to the main drain. The slope shall not exceed 1one vertical foot in 12 horizontal. No obstructions such as raised drains or steps on which children may fall or become injured shall be placed in the wading pool area. PlayDesigned play items shall be designed and located to provide maximum safety to the children.

b) Material. The floor and walls shall be of light-colored impervious materials. All corners shall be coved.

c) Walk Area. A walkway at least 4 feet wide shall extend entirely around the pool and shall be sloped to drain away from the pool. The walks shall be constructed of impervious material with a slip-resistant finish. The walks shall slope not less than 1one inch in 10 feet away from the pool edge. A hose bibb shall be installed in the pool area.

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d) Barrier. A fence or other effective barrier, at least 3½ feet in height, shall totally enclose the wading pool and shall separate the wading pool from other pools. Except with regard to height, the barrier shall comply with Section 820.200(a). Any entrance into the wading pool enclosure shall be equipped with a self-closing and self-latching door or gate.

e) Inlets. Inlets shall be provided as specified for swimming pools by Section 820.210(f)(2). At least two water inlets shall be installed.

f) Drains. A minimum of two main drains shall be provided at the low point, located at least 3 feet apart center to center and connected to the recirculation system. The drains shall be piped and valved so that water from the wading pool can be drained by bypassing the filter. Drains shall be provided with certified safety covers in compliance with Section 820.210(f)(3).

g) Overflow System. A perimeter overflow system shall be provided along at least 1 /6 of the perimeter or a skimmer shall be provided for each 500 square feet of water surface area or fraction of that areathereof. The design of the overflow system shall comply withconform to the requirements listed in Section 820.210, except that, if a skimmer equalizer line is provided, it shall be connected to the main drain line.

h) Water Treatment. Recirculation and filtration equipment shall be installed and operated at wading pools that cannot be adequately served by an adjacent swimming pool recirculation system or when existing equipment on adjacent swimming pool recirculation systems cannot meet the requirements of Section 820.210. A separate disinfection system shall be installed and operated for the wading pool. The design of water recirculation, filtration, and disinfection systems shall complybe in conformance with Section 820.210.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.240 Spray Pools

a) Material. Spray pools shall be constructed of impervious material withthat has a slip-resistant finish.

b) Slopes. The floor of a spray pool shall slope at least 1one inch in 10 feet and not

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more than 1one foot in 12 feet toward the drain. No obstructions other than designed play items shall be placed in the spray pool area.

c) Drains. The spray pool shall be equipped at its low point with an unvalved drain. The drain shall be sized and designed soof such size and design that water sprayed into the pool will not pond in the pool floor.

d) Water Supply. The water supply shall meet the requirements of Section 820.110, or be provided from the water treatment system from another pool. Alternatively, the water may be circulated from a tank or basin, with a water treatment system as required for a pool by Section 820.210 and designed to provide a turnover rate for the tank or basin of no more than two hours. Spray heads shall be installed so that they will not be submerged.

e) Hose Connection. A hose bibb shall be provided within 75 feet of the spray pool.

f) Walk Area. The spray pool shall be entirely surrounded by a walk constructed of impervious material withwhich has a slip-resistant finish.

g) Barrier. A fence or other effective barrier, at least 3½ feet in height, shall totally enclose the spray pool and shall separate the spray pool from other pools. Except with regard to height, the barrier shall comply with the requirements of Section 820.200(a). Each entrance into the sprayspary pool enclosure shall be equipped with a self-enclosing, self-latching door or gate.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.250 Slides

a) General Requirements

1) Structure. All slides shall be designed and constructed in accordance with the manufacturer's instructions to carry the anticipated load. Plans for water slides shall be signed and sealed by a structural engineer licensed to practice in Illinois.

2) Steps. Slide steps shall be slip-resistant and have a minimum tread of 2 inches and a minimum length of 12 inches. The riser height of the steps shall not exceed 12 inches. Specific requirements that apply to water

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slides are included in subsection (b)(1) of this Section.

3) Plunge Pools. Plunge pools shall comply with Sections 820.200 and 820.210, except that, for a plunge pool for a water slide, a deck is not required where the slide exits into the pool. b) Water Slides

1) Design and Construction. All curves, turns, and tunnels on the path of a flume shall be designed and constructed in accordance with the manufacturer's instructions.

2) Walkways. Walkways or stairs leading to the top of water slides shall be slip-resistant and, rigid, and shall have a 4 feet minimum clear width.

3) Slide Position.

A) A flume shall be perpendicular to the pool wall for a distance of at least 10 feet from the exit end of the slide. The last 10 feet of the flume shall have a slope that is not steeper than 1one foot in 10.

B) A flume shall terminate between a depth of 6 inches below to 2 inches above the pool water surface level.

C) The plunge area water depth shall be between 2½ and 4 feet at the end of the flume and for at least 10 feet beyond. The pool floor slope in the plunge area shall not exceed 1one foot vertical in 12 feet horizontal.

4) Surge Reservoir. A surge storage reservoir shall be provided except where the pool water elevation will not be lowered more than 1one inch when the water slide pumps are in operation. The surge reservoir shall not be accessible to the public.

5) Plunge Area. AThere shall be a slide plunge area shall extendextending at least 5 feet on either side of the centerline of the slide terminus and 25 feet in front of the slide. This area shall not infringe on the plunge area for any other slides or diving equipment. Steps shall not infringe on this area. A water slide plunge area in a swimming pool shall be roped off from the

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rest of the pool when the slide is in operation. A means of egress shall be provided near the side of the plunge area opposite the flume terminus.

6) Grates. The intake openings for water pumped from a beach shallmust be covered by grating that cannot be removed without the use of tools. The grate openings shall be at least four times the area of the intake pipe or have an open area so that the maximum velocity of the water passing through the grate does not exceed 1½ feet per second. The maximum width of the grate openings shall be ½ inch. Pump suction intakes at a beach shall be located or protected so as to be inaccessible to bathers.

c) Drop Slides

1) Slide Position. A slide landing area shall extend at least 5 feet on either side of the centerline of the slide terminus and 20 feet in front of the slide. This area shall not infringe on the landing area for any other slides or diving equipment. Steps shall not infringe on this area.

2) Water Depth. The water depth directly below the slide discharge point and for a distance of 12 feet beyond shall comply with the following requirements:

Slide Platform Height Above Minimum Water Water Level in Feet Depth in Feet

3.5 to 5 8 5 to 10 10 10 to 12 12

3) Platform Height. The drop slide platform shall not exceed 12 feet in height, measured above the water level in the plunge area. d) Other Slides

1) A slide plunge area shall extend at least 3½ feet on either side of the centerline of the slide terminus and 20 feet in front of the slide. This area shall not infringe on the landing area for any other slides, water slides, drop slides, or diving equipment.

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2) Unless the slide is designed by the manufacturer for safe exits at lesser water depths, the water depth and slide exit height above the water shall be in accordance with the following table. The exit height shall not exceed 48 inches above the water surface.

Exit Height Above Minimum Water Waterline, Inches Depth in Feet

0 to 6 2.0 6 to 12 2.5 12 to 188 3.5 18 to 24 5.0 24 to 30 6.0 30 to 42 8.0 42 to 48 10.0

3) Slides shall be positioned so that any water flowing off the end of the slide terminus drops into the pool.

4) Handrails. Slides shall be equipped with handrails to aid the slider in safely making the transition from the ladder to the runway. Handrails shall begin at a point no more than 4 feet above the pool deck.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

SUBPART D: OPERATIONAL REQUIREMENTS

Section 820.300 Personnel

a) Manager/Operator. A swimming facilitypool manager/operator shall be designated and shall be responsible for the operation of the swimming pool facility in compliance with this Subpart.

b) Lifeguards. Lifeguards shall be provided at all wave pools, and water slides. LifeguardsIn addition, lifeguards shall be provided at all pools, as defined in Section 820.10, when persons under the age of 16 are allowed in the pool enclosure specified in Section 820.200(a) without supervision by a parent, guardian or other responsible person at least 16 years of age. At facilities where lifeguards are not provided, a sign shall be posted that states "This facility is not

ILLINOIS REGISTER 16600 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS protected by lifeguards. Persons under the age of 16 must be accompanied by a parent, guardian or other responsible person at least 16 years of age. Swimming alone is not recommended."

1) Certification. Lifeguards shall be currently certified as such by the American Red Cross, the National Pool and Water Park Lifeguard Training Program, the YMCA, or another lifeguard certifying organization with an equivalent lifeguard certification program, as determined by the Department. IfWhere the certification was issued with restrictions, the certification shall be appropriate for the duty to which the lifeguard is assigned.

2) Authority. Lifeguards shall have the authority to order any person who does not comply with the rules of the Department or those of the facility to leave the pool.

3) Identification. Lifeguards shall be dressed in swimming attire and be identified as a lifeguard. A copy of each lifeguard's certificate shallmust be available for inspection at the facility.

4) Minimum number. At facilities where lifeguards are required, the following minimum number shall be on duty:

A) One lifeguard per 100 bathers or 2,000 square feet of water surface area, whichever will result in the smallerlesser number of lifeguards. All areas of the pool must be visible to a lifeguard. At wave pools, in addition to satisfying the other criteria of this subsection (b)(4)(A), the number of lifeguards shall not be fewerless than three. A lifeguard shall not simultaneously guard more than one pool unless the areas under surveillance can be continuously monitored with a clear unobstructed view and immediate assistance can be rendered if needed.

B) At water slides or drop slides, one lifeguard within 50 feet of the discharge point of the slide. LifeguardsSuch lifeguards shall be responsible for guarding the plunge area for the slide and for no other areas and shall be in voice or visual communication with the attendant or lifeguard at the top of the slide in order to facilitate safe use of the slide. One lifeguard may monitor up to three slides

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and no other areas if they are adjacent to and discharge to the same plunge area.

5) Lifeguards shall not be subject to duties that would distract their attention from proper observation of persons in the pool area, or that would prevent immediate assistance to persons in distress in the water.

c) Attendants. At least one attendant or lifeguard shall be on duty at the top of all water slides and drop slides when the slide is in operation in order to control the traffic of individuals using the slide. Attendants shall ensure that the slide is used in a safe and responsible manner. For multiple slides having a common starting platform, an attendant shall not be assigned to monitor more than two slides concurrently.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.310 Safety Equipment

The following safety equipment shall be readily available for emergency use at all times when the swimming pool facility is open for use:

a) Rescue Equipment. The following rescue equipment shall be provided and conspicuously displayed at swimming pools, except when certified lifeguards are provided and each lifeguard is equipped with a rescue device approved by the lifeguard certifying organization.

1) A U.S. Coast Guard approved ring buoy with an attached throw rope with a length at least equal to the maximum width of the swimming pool or 50 feet, whichever is less. One such buoy shall be provided for every 2000 square feet of water surface or fraction of that areathereof.

2) A life hook or shepherd's crook at least 12 feet in length.

b) First Aid Kit. One or more first aid kits shall be kept filled with contents as required in Appendix B., Table B. Items thatwhich have a shelf life shall be kept current.

c) Emergency Telephone and Emergency Contact List. A telephone shall be accessible in the vicinity of the swimming pool, in or within 300 feet of the pool

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enclosure. At a multi-level facility, the emergency telephone shall be located within three levels of the level on which the pool is located. The telephone numbers of the local police, State Police, fire department, physician, ambulance service, and a hospital, or 911 where applicable, shall be posted in a conspicuous place near the telephone. The name, address and telephone number of the swimming pool shall be listed by the telephone. The location of the emergency telephone shall be posted in the swimming pool area unless the telephone is located in the pool area.

d) Lifeguard Stations. Lifeguard stations shall be located so as to provide a clear, unobstructed view of the pool area under surveillance.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.315 Notification

All drownings and injuries or illnesses requiring hospitalization shall be reported to the Department within 24 hours. A written report, on forms provided by the Department, and the Department's "Drowning and Injury Report" form shall be completed and submitted within 7seven days after the occurrence. This form contains instructions for contacting the Department.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.320 Water Quality

a) Testing Equipment.

1) Water testing equipment for determining pH and disinfectant level of pool water shall be provided. The equipment for determining pH shall include at least five color standards with a range of pH 6.8 to 8.0, as a minimum.

2) IfWhere chlorine is used as a disinfectant, a DPD-type test kit shall be provided that includes at least four chlorine color standards with a range of 0.5 to 3.0 p.p.m., as a minimum.

3) IfWhere bromine is used as a disinfectant, a colorimetric test kit shall be provided that will determine free bromine residual and pH. The test kit shall include at least five bromine standards covering a range of 1.0 to 5.0 p.p.m.

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4) Pools using chlorinated cyanurates for disinfection shall have a test kit to measure cyanuric acid concentration. The cyanuric acid test kit shall permit readings up to 100 p.p.m.

5) Where silver/copper or copper ion generators are used, a test kit to determine the concentration of copper shall be provided. b) Disinfectant Residual.

1) IfWhere chlorine is used as a disinfectant, the chlorine residual shall be maintained between 1.0 and 4.0 p.p.m. as free chlorine residual. A free chlorine residual of at least 2.0 p.p.m. shall be maintained when the pool water temperature exceeds 85° F.

2) IfWhere bromine is used as a disinfectant, a bromineabromine residual shall be maintained between 2.0 and 8.0 p.p.m. as total bromine. A bromine residual of at least 4.0 p.p.m. shall be maintained when the pool water temperature exceeds 85° F.

3) IfWhere chlorinated cyanurates are used, the cyanuric acid concentration shall not exceed 100 p.p.m.

4) When combined chlorine in excess of 0.5 p.p.m. is detected, the pool shall be superchlorinated to attain a free chlorine concentration of at least 10 times the combined chlorine concentration, or oxidized by other means to eliminate the combined chlorine.

5) IfWhere silver/copper or copper ion generators are used, the concentration of copper shall not exceed 1.3 p.p.m. and the concentration of silver shall not exceed 0.05 p.p.m.

6) IfWhere ozone is used, the ambient air ozone concentration shall be less than 0.1 p.p.m. at all times either in the vicinity of the ozonator or at the pool water surface.

c) pH. The pH of the pool water shall be maintained between 7.2 and 7.6.

d) Turbidity. The pool water shall be sufficiently clear that the entire pool basin is

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clearly visible from the pool deck.

e) Alkalinity. The alkalinity of the pool water shall not be less than 50 nor more than 200 p.p.m. as calcium carbonate.

f) Temperature. The pool water temperature for indoor swimming pools shall not be less than 76° F or. nor more than 92° F. Air temperature at an indoor pool shall be higher than the water temperature.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.330 Swimming FacilityPool Closing

The manager/operator shall immediately close any swimming facility, except a bathing beach,the pool whenever any of the following conditions exist:

a) The manager/operator determines that conditions at a swimming facilitypool or bathhouse create an immediate danger to health or safety.

b) Bacteriological results show any of the following:

1) Coliform concentration of 10 per 100 ml in two consecutive samples;

2) Presence of fecal coliform, E coli, beta hemolytic Streptococcus or Pseudomonas in any sample.

c) Turbidity exceeds the criteria outlined in Section 820.320(d).

d) A disinfectant residual consisting of a minimum of 0.5 p.p.m. free chlorine or 1.0 p.p.m. bromine is not present or the disinfection system is inoperable.

e) The total chlorine concentration exceeds 5 p.p.m. or the total bromine concentration exceeds 10 p.p.m.

f) The recirculation pumps and/or the filters are inoperable.

g) The pH of the swimming facilitypool water is less than 6.8 or greater than 8.0.

h) A patron has defecated or vomited in the pool or aquatic feature. When this

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occurs, the manager/operator shall remove visible foreign matter and superchlorinate the affected area of the swimming facilitypool. The swimming facilitypool shall remain closed for a minimum of 30 minutes following superchlorination, or longer if necessary, for the disinfectant residual to return to prescribed levels. When an incident occurs in a swimming facilitypool with a capacity greater than 50,000 gallons, the swimming facilitypool manager/operator may elect to prohibit use of only the affected area in lieu of closing the swimming facilitypool.

i) A suction outlet cover is loose, improperly installed, damaged or missing.

j) The Department issues a written notice to close the swimming facilityA written notice to close is issued by the Department, in which case the notice shall be posted by the owner, manager/operator or licensee at the entrance to the swimming facilitypool area. The swimming facilitypool shall remain closed until the Department has authorized the reopening of the swimming facilitypool.

k) Lightning is sighted or thunder is heard at outdoor swimmingpool facilities (see Section 820.360).

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.340 Operation and Maintenance

a) Swimming FacilityPool and Pool Area

1) The swimming pool and aquatic features shall be maintained free from sediment, lint, dirt and hair. Cracks and other defects in the pool and aquatic features shall be repaired. The walls, ceilings, floors, equipment and swimming facilitythe pool proper shall be maintained so that they are protected from deterioration. All equipment shall be maintained in proper condition, with all required components in place. Equipment required to be NSF Standard 50 certified, including filters, skimmers and chemical feeding equipment, shall not be altered or modified in any way.

2) Swimming facilityPool decks shall be rinsed daily. Indoor swimming facilitypool decks shall be disinfected at least weekly. The walks, overflow gutters, counters, lockers, equipment, furniture, interior partitions and walls shall be kept in good repair, clean, and sanitary. No

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furniture, plants or other furnishings shall be placed within 4four feet of the swimming facilitypool. This area shall be kept free of obstructions such as chairs and baby strollers. The deck shall be kept free of tripping hazards, such as deck surface irregularities, hoses, baby strollers, and maintenance equipment. The deck, walkways and floors shall be free of areas with poor drainage that retain water.

3) Floats or tubes not in use shall be removed from the swimming facilitypool.

4) Starting Platforms. Starting blocks shall not be used for any purpose other than competitive swimming activities. Starting blocks shall be securely anchored when in use but removed or prohibited from use when not being used in conjunction with competitive swimming or training. The maximum height of the platform above the water shall be 30 inches where the water depth is 4 feet or greater and 20 inches when the water depth is less than 4 feet.

5) Safety ropes shall be kept in place except when the swimming facilitypool is being used exclusively for lap swimming or competition.

6) Access to grass areas shall be prevented when bare areas develop, when the grass is not regularly maintained, when debris is allowed to accumulate, or an unsightly condition, offensive odor, or a muddy condition exists. b) Perimeter Overflow, Suction Outlet Covers and Skimmers. The perimeter overflow systems, suction outlet covers or automatic surface skimmers shall be clean and free of leaves or other debris that would restrict flow. The strainer baskets for skimmers shall be cleaned daily. Broken or missing skimmer weirs shall be replaced. Broken or missing suction outlet covers shall be replaced immediately and installed in accordance with the manufacturer's requirements. The flow through each skimmer shall be adjusted as often as necessary to maintain a vigorous skimming action that will remove all floating matter from the surface of the water. The pool water shall be maintained at an elevation sosuch that effective surface skimming is accomplished. A higher water level may be maintained during official swimming competition. For pools with perimeter overflow systems, adequate surge storage capacity shall be maintained so that flooding of the perimeter overflow system does not occur during periods of peak

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usage. The flow returning from the pool shall be balanced or valved sosuch that the majority of flow is returned through the perimeter overflow or skimmer system. c) Inlet Fittings. Inlets shall be checked frequently so that the rate of flow through each inlet establishes a uniform distribution pattern. Inlets in pools with surface skimmers shall be adjusted as necessary to provide vigorous skimming. d) Bather Preparation Facilities

1) Floors shall be cleaned and disinfected daily.

2) Toilet rooms and fixtures shall be kept clean, free of dirt and debris and in good repair. Floors shall be maintained in a slip-resistant condition. Soap dispensers shall be filled and operable. A supply of toilet paper shall be provided at each toilet at all times. e) Foot Baths. Foot baths shall be free of dirt, debris and other floating matter and shall be operated by continuously introducing fresh water and discharging used water to waste. f) Security. Doors or gates in the swimming facilitypool enclosure shall be kept closed and locked when the swimming facilitypool is closed. g) Bather Loads. The number of persons within a swimming facilitypool enclosure shall not exceed the permissiblepermissable bather load established by the Department. Additional patrons may be allowed at other recreational features within the swimming facilitypool enclosure, such as sand play areas, turf sun- bathing areas and picnic areas, if additional toilet facilities are provided. However, the number of patrons in swimming facilities or their deckspools, wading pools or on the pool deck shall not exceed the bather load. The bather load shall be posted at the swimming facilitypool entrance or at a location where it can be seen by all patrons and shall be enforced by the manager/operator. h) Electrical Systems. Electrical systems shall be maintained in accordance with the National Electrical Code. i) Diving Equipment. Diving equipment shall be maintained in a safe condition, be securely anchored, and have a slip-resistant surface.

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j) Vacuum Cleaners. Vacuum cleaning shall not be conducted when the swimming facilitypool is in use.

k) Operation of Mechanical Equipment

1) Manufacturers' instructions for operation and maintenance of mechanical and electrical equipment, as well as pump performance curves, shall be kept available at the swimming facilitypool. All valves and piping in the equipment room shall be permanently identified as to use and direction of flow. A valve operating procedure shall be provided in the equipment room for each operation (e.g., recirculation, filtration, backwashing).

2) Pumps, filters, disinfectant feeders, flow indicators, gauges, and all related components of the swimming facilitypool water recirculation system shall be kept in continuous operation 24 hours a day. A recirculation and filtration flow rate that will result in a turnover period as specified in Section 820.210 shall be maintained at all times. For, except for wading areas in swimming facilitiespools constructed prior to May 20, 1999 where the specifiedsuch a flow rate cannot be attained without alteration of the recirculation system, in which case a recirculation flow rate that will result in a turnover period of no more than 6six hours shall be maintained in the wading area.

3) Recirculation Pumps. The pump shall not be throttled on the suction side during normal operation except for necessary regulation of flow through main drain piping. Recirculation pumps shall be kept in good repair and condition. The pump discharge or inlet supply line valve shall be adjusted as necessary to maintain the design flow rate.

4) Filtration.

A) The filtration flow rate shall not exceed the maximum filtration design flow rate specified by the filter manufacturer for public swimming facility usepool usage in accordance with NSF Standard 50. IfWhere this rate is not known or has not been determined, the flow rate shall not exceed 15 gallons per minute per square foot of filter area for high-rate sand filters, 3 gallons per minute per square foot for other sand filters, 1.5 gallons per minute per square foot

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for diatomaceous earth filters, or 0.375 gallons per minute per square foot for cartridge filters. A, except that a filtration flow rate of up to 2.0 gallons per minute per square foot may be allowed where continuous feeding of diatomaceous earth is usedutilized with a diatomaceous earth filter in accordance with subsection (k)(3)(C)(iii).

B) Sand Filters.

i) The filter air release valve shall be opened as necessary, to remove air that collects in the filter, and following each backwash.

ii) The filter shall be backwashed when the design flow rate can no longer be achieved, or when specified by the filter manufacturer, whichever occurs first.

C) Diatomaceous Earth Filters.

i) The dosage of diatomaceous earth pre-coatprecoat shall be at least 1½ ounces per square foot of element surface area. Pressure diatomaceous earth filters shall be backwashed when the design flow rate can no longer be achieved or when specified by the filter manufacturer, whichever occurs first. Whenever the recirculation pump stops or is shut off, the filter shall be thoroughly backwashed and the elements shall be pre-coatedprecoated before placing the pump back into operation. Vacuum diatomaceous earth filters shall be washed when the design flow rate can no longer be achieved or when specified by the filter manufacturer, whichever occurs first. Backwashing shall not be performed when the swimming facilitypool is in use.

ii) During the pre-coatingprecoating operation, either the initial filter effluent shall be either recirculated through the filter until the filter effluent is clear, or the initial filter effluent shall be discharged to waste until properly clarified water is produced.

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iii) When continuous diatomaceous earth feed is usedutilized so that a filter may be operated at a filtration rate higher than would otherwise be allowable, it shall be applied at a rate of ½ to 1½ ounces per square foot of surface area per day, or as needed to extend filter cycles.

D) Cartridge Filters. A clean extra set of filter cartridges shall be available at the swimming facilitypool.

5) Hair and Lint Strainers. Hair and lint strainers shall be cleaned to prevent clogging of the suction line and cavitation. The pump shall be stopped before the strainer is opened to avoid drawing air into the pump and losing the prime. In the case of diatomaceous earth filters, the hair strainer basket shall be cleaned immediately prior to pre-coatingprecoating the filter.

6) Flow MetersFlowmeters. Flow metersFlowmeters shall be maintained in an accurate operating condition and shall be readable.

7) Vacuum and Pressure Gauges. The lines leading to the gauges shall be bled occasionally to prevent blockage.

8) Gas Chlorinators.

A) Gas chlorinators shall be repaired only by a person trained in servicing these units. The manager/operator shall post the telephone numbers of the appropriate emergency personnel to contact in the event of a chlorine gas emergency.

B) Chlorine cylinders shall be stored indoors in the area designed for that purpose and away from a direct source of heat. They shall be chained or strapped to a rigid support to prevent accidental tipping. Cylinders shall not be moved unless the protection cap is secured over the valve. A gas mask that is approved by the National Institute of Occupational Safety and Health (NIOSH) or Mine Safety and Health Administration (MSHA) approved gas mask, approved for use in a chlorine atmosphere, shall be kept outside the chlorine room in an unlocked container at all times. The gas mask canister shall be replaced regularly as per the manufacturer's

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recommendations.

C) Chlorinators, gas lines, injectors, vent lines and cylinders shall be checked daily for leaks. In case of a chlorine leak, corrective measures shall be undertaken only by trained persons wearing proper safety equipment. All other persons shall leave the dangerous area until conditions are again safe.

9) Positive Displacement Feeders.

A) Positive displacement feeders shall be periodically inspected and serviced.

B) When a chemical feeder is used with calcium hypochlorite solution, to minimize sludge accumulation in the unit, the lowest practicable concentration of solution shall be used, and in no case shall this concentration shall not exceed 5 percent (about 20 pounds of 65 percent% chlorine powder in 50 gallons of water). If liquid chlorine solution is used, the dilution with water is not critical to the operation of the unit. After first thoroughly rinsing with water, a small amount of mild acid solution may be fed through the unit periodically, to dissolve sludge accumulations.

10) Safety Vacuum Release System and Safety Vent Pipe. Safety vacuum release systems shall be maintained in operable conditions and in accordance with the manufacturer's requirements. Safety vent pipes and atmospheric vents for gravity drainage systems shall be maintained free of blockages. l) Chlorinated Cyanurates. The use of chlorinated cyanurates is subject to the following requirements:

1) Superchlorination shall be accomplished by using a chlorine product other than a cyanurate; and

2) When the cyanuric acid level exceeds the maximum permissible limit of 100 p.p.m., 50 percent of the pool water shallmust be drainedpartially wasted and replenished with potablefresh water until the cyanuric acid concentration is less than 50 p.p.m.

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m) pH Adjustment

1) Soda ash or caustic soda may be used to raise the swimming facilitypool water pH.

2) Caustic soda shall be used only in accordance with the manufacturer's instructions. Protective equipment and clothing, including rubber gloves and goggles, shall be available for the handling and usinguse of this chemical.

3) Sodium bisulfate, carbon dioxide gas or muriatic acid shall be used to lower swimming facilitypool water pH. Carbon dioxide cylinders shall be securely chained or otherwise restrained in a manner that will prevent tipping.

4) Hydrochloric (muriatic) acid shall only be used only in accordance with the manufacturer's instructions. Protective equipment and clothing, including rubber gloves and goggles, shall be available for handling this chemical.

5) The Department shall be consulted ifin the event of unusual pH problems occur, including corrosion or scaling or wide fluctuations in pH.

n) Algae Control

1) AlgaeThe development of algae shall be eliminated by superchlorinating to 10 p.p.m. and maintaining this level for several hours. The swimming facilitypool shall not be open for use during this treatment. If this fails to eliminate the algae, the Department shall be consulted for further advice.

2) Treated algae that cling to the floor and sides of the swimming facilitypool shall be brushed loose and removed by the suction cleaner and filtration system.

o) Miscellaneous Chemicals

1) Chemicals shall be kept covered and stored in the original, labeled container, away from flammables and heat and in a clean, dry, well-

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ventilated place that prevents unauthorized access to the chemicals.

2) The chemicals used in controlling the quality of water shall be used only in accordance with the manufacturer's instructions.

3) If polyphosphates are used for sequestering iron, the concentration of polyphosphates shall not exceed 10 p.p.m.

p) Acoustics. If noise is excessive, sosuch that safety instructions cannot be heard, corrective action shall be taken.

q) Slides

1) Water slide equipment shall be maintained in a safe condition and securely anchored.

2) Only one rider at a time shall be allowed to enter a slide, unless the slide is except when designed by the manufacturer for two or more riders.

3) For water slides and drop slides, ifwhen the plunge area is not visible from the top of the slide, a means of communication shall be provided between the attendant at the top and the lifeguard at the bottom.

4) At the entrance to water slides and drop slides, a sign shall be posted at the top of the slide warning all sliders not to proceed down the slide until instructed to do so by the slide attendant.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.350 Operation Reports and Routine Sampling

a) Operation Reports. The swimming facilitypool manager/operator shall record swimming pool or other pool operational data daily on a report form furnished by the Department, or equivalent, that shall be kept at the facility for a minimum of 3three years for inspection by the Department. A separate report form shall be completed for each pool or aquatic featurein a multiple pool complex.

b) Water Quality Testing. With the exception of bathing beaches, disinfectantDisinfectant residual and pH tests shall be made on samples collected

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at least twice daily from the shallow and deep areas of each swimming pool, and from all other aquatic featureswading pools, plunge pools and other pools at least twice daily. IfWhere chlorine is used as a disinfectant, testing for combined chlorine shall be performed at least weekly. IfIn addition, where chlorinated cyanurates are usedutilized as a chlorine disinfectant, testing for cyanuric acid concentration shall be performed at least weekly.

c) IfWhere ozone is usedutilized, testing to determine the ozone concentration immediately above the pool water surface shall be performed monthly.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.360 Patron Regulations

Rules and Instructions. Rules governing the use of the swimming facilitypool and instructions to patrons shall be displayed on placards provided by the Department, or equivalent, at the entrance to bather preparation facilities and adjacent to the swimming facilitydressing rooms or the pool entrance and shall be enforced by the swimming facilitypool manager/operator. The swimming facility management has the authority to implement and enforce rules that are more stringent than, or that supplement, those listed in this Section. PostingSuch posting of rules and other instructions shall provide that:

a) Admission to the swimming facilitypool shall be refused to all persons having any contagious disease, infectious conditions such as colds, fever, ringworm, foot infections, skin lesions, carbuncles, boils, diarrhea, vomiting, inflamed eyes, ear discharges, or any other condition thatwhich has the appearance of being infectious. Persons with excessive sunburn, abrasions thatwhich have not healed, corn plasters, bunion pads, adhesive tape, rubber bandages, or other bandages of any kind shall also be refused admittance. A person under the influence of alcohol or exhibiting erratic behavior shall not be permitted in the swimming facilitypool area.

b) The pool water is not suitable for drinking. Patrons should avoidAvoid swallowing pool water.

c) Littering is prohibited. NoIn addition, no food, drink, gum or tobacco is allowed in other than specially designated and controlled sections of the swimming facilitypool area. Glass containers are prohibited.

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NOTICE OF ADOPTED AMENDMENTS d) No one should swim alone.

d) All persons are encouraged to take a shower before entering the pool area.

e) Personal conduct within the swimmingpool facility shall not jeopardizemust be such that the safety of self and others is not jeopardized. No running or, boisterous or rough play, except supervised water sports, is permitted.

f) Persons less than 16 years of age must be accompanied by a responsible person 16 years of age or older unless a lifeguard is present.

f) Only clean footwear, baby strollers, or wheelchairs are allowed in the pool area or bathhouse.

g) Spitting, spouting of water, blowing the nose or otherwise introducing contaminants into the swimming facilitypool is not permitted.

h) Glass, soap, or other material thatwhich might create hazardous conditions or interfere with efficient operation of the swimming facilitypool shall not be permitted in the swimming facilitypool or on the pool deck.

i) If present, lifeguards are responsible for enforcing safety rules and responding to emergencies. Parents or guardians should supervise their children.

i) All apparel worn in the pool shall be clean.

j) All children who are not toilet-trained shall wear tightly fitting disposable swim diapersrubber or plastic pants.

k) Diving in water less than 5five feet deep is not permitted except when allowed for competitive swimming and training.

l) Caution shall be exercised in the use of diving facilities.

m) Swimming is prohibited at outdoor swimming facilitiespools when thunder is heard or lightning is seen, including a 15-minute period after the last lightning or thunder is detected.

n) All persons are encouraged to take a shower before swimming.

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o) Only clean footwear, baby strollers or wheelchairs are allowed in the swimming facility.

p) All apparel worn in the swimming facility shall be clean.

n) If present, lifeguards are responsible for enforcing safety rules and responding to emergencies. Parents or guardians should supervise their children.

o) No one should swim alone.

p) The pool management has the authority to implement and enforce rules that are more stringent or that supplement those listed here.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.380 Wading Pools, Spray Pools and Therapy Pools

a) TheAspects of the wading pool operation shall comply with Sections 820.300, 820.310, 820.320, 820.330, 820.340 and 820.350.

b) The spray pool and associated deck areas shall be cleaned daily. Drains shall be kept clear. For spray pools that useutilize recirculated water, the water shall be filtered and treated in accordance with Section 820.340;, the water quality shall be maintained as specified by Section 820.320;, and water quality testing shall be performed as specified by Section 820.350.

c) Water in therapy pools located in a swimming facilitypool enclosure shall be maintained so as to comply with disinfectant residual and pH standards in Section 820.320.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.390 Refuse Disposal

a) General Requirements. The equipment provided for storing, collecting and disposingthe storage, collection, and disposal of refuse produced at a swimming facilitypool or bathing beach shall preventbe such that the creation of conditions detrimental to public health, such as rodent harborage, insect breeding areas,

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odors, air pollution and accidents are prevented.

b) Containers. All refuse shall be stored in water-tight, metal or water-tight rigid plastic containers having tight-fitting lids. Containers shall be provided as needed throughout food preparation areas and eating areas to provide for trashenough collection of trash.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

SUBPART E: BATHING BEACH DESIGN AND OPERATION

Section 820.400 Minimum Sanitary Requirements for Bathing Beaches

a) Initial Sanitary Survey. Prior to the issuance of a construction permit, the Department shall conduct a sanitary survey of the proposed beach. This survey shall include an evaluation of the physical, chemical and bacteriological characteristics of the bathing beach area, as well as any potential or actual sources of contamination in the watershed thatwhich could affect the beach. The presence of any such sources of contamination shall constitute grounds to deny the permit.

1) Physical Quality. The following characteristics shall not be present in the beach area or watershed:

A) Sludge deposits, solid refuse, floating waste solids, oils, grease or scum; or.

B) Hazardous substances being discharged into bathing beach water or watershed.

2) Bacteriological Quality. The bacteriological quality of water at bathing beaches shall comply with the following criteria:

A) At least two samples shall be collected from the proposed beach area, and additional samples shall be collected from any tributaries as they enter the lake. Fecal coliform bacteria counts of 200 colonies/100 ml or an E. coli density of 126 colonies/100 ml in one or more samples shall require additional investigation, survey, special analysis and correction of any problems determined to be causing the high counts. Subsequent evaluation and satisfactory

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bacteriological results shallmust be obtained before a construction permit will be issued.

B) There shall be no sanitary or combined sewer discharges or other raw or partially treated sewage discharges to the bathing beach area or immediate watershed.

3) Chemical Quality. There shall be no discharges of chemical substances capable of creating toxic reactions, or irritations to the skin or mucous membranes of a bather. b) Design

1) Bather Load. The bather load shall be established at all beaches constructed after May 28, 1997, by the project designerregistered engineer or architect who designed the project.

2) Beach and Swimming Areas. The wading areas at all beaches shall be separated from swimming and diving areas by lines securely anchored and buoyed. The slope of the bottom of any portion of the beach having a water depth of less than 5 feet shall not exceed 1 foot vertical for 10 feet horizontal. The slope shall be uniform. The bottom of the wading and swimming area shall consist of sand or gravel. If disinfection or filtration is provided, it must comply with the requirements in Section 820.210.

3) Diving Facilities

A) Where diving facilities are provided, the following minimum water depth shallmust be maintained for a distance of at least 12 feet beyond the end and sides of the platform or board:

Height of Platform or Board Above Water Minimum Water Depth 0 - ½ Meter 9.5 feet 1 Meter 10 feet 3 Meters 12 feet

B) Handrails, guardrails and steps shall comply with the requirements of Section 820.200.

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4) Safety Boundaries. The wading area shall be separated from swimming and diving areas by a line securely anchored and buoyed at a water depth of 5 feet or less. The limits of the swimming area shall be marked by buoys, poles, or other markers located not over 100 feet apart and visible to bathers from a distance of at least 100 feet. Within thesuch limits of safe swimming, there shall be no boating, underwater obstructions, or other hazards thatwhich may be dangerous or cause injury to swimmers. Signs shall be provided on the beach describing thesuch markers and stating that they indicate the limits of the swimming area.

5) Slides. Slides shall comply with Section 820.250. c) Electrical Wiring. All electrical wiring shall be in accordance with the National Electrical Code in effect at the time of construction. d) Bather Preparation FacilitiesBathhouses/Toilets

1) Requirements for Beaches Established After May 28, 1997 (New). For all new beaches established after May 28, 1997, a bather preparation facilitybathhouse shall be provided within 300 feet of the shoreline unless the beach is intended to serve only a residential development located around the lake, and 50 or fewer bathers are anticipated to be present per day. In those such cases, at least one toilet or privy shall be provided within 300 feet of the shoreline. Bather preparation facilitiesBathhouses shall be designed in accordance with the requirements of Section 820.220(b) and (c) and Appendix B, Table E. The bather load to be used to determine the required numbers of fixtures shall be provided by the project designerregistered engineer or architect who designed the project.

2) Requirements for Beaches Established Before May 28, 1997 (Existing). All existing beaches established before May 28, 1997 shall comply with the bather preparation facilitybathhouse/toilet facility requirements in effect at the time they were constructed, but at least one toilet or privy shallmust be provided when the number of bathers present per day is 50 or fewer. Two toilets or privies shallmust be provided when the number of bathers present per day is 51 to 100. An additional toilet or privy shallmust be provided for each 100 additional bathers. The maximum number of toilets or privies required is 10ten. The required toilets or privies shallmust be located within 300 feet of the shoreline.

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e) Bathing Beach Operation

1) The licensee or manager/operator shall collect samplesSamples of bathing beach water shall be taken by the licensee or manager/operator and submit the samplessubmitted to the Department. The Department will notify the licensee or owner/manager of the at such times and points for sample collectionas designated by the Department within the area usedutilized for bathing or swimming purposes. Failure ofby the bathing beach licensee or manager/operator to submit required water samples within 7seven days after notification by the Department by certified mail shall be cause for the Department to order the beach to be closed until satisfactory samples are analyzedreceived. Additional samples shall also be obtained at any critical point subject to possible pollution as determined by a sanitary survey.

2) During operation, the following bacteriological water quality results shall warrant the actions described:

A) A fecal coliform count of 500 colonies/100 ml or an E. coli count of 235 colonies/100 ml in each of two samples collected on the same day shall require closing the beach. The beach shall not be reopened until two additional samples collected on the same day are both less than 500 fecal coliform/100 ml or 235 E. coli/100 ml.

B) A fecal coliform count of 500 colonies/100 ml or an E. coli count of 235 colonies/100 ml in any single sample of a two-sample set shall require the submission of two additional samples to be collected on the same day within 24 hours after notification by the Department. If either of the two follow-up samples exceeds a fecal coliform count of 500 colonies/100 ml or an E. coli count of 235 colonies/100 ml, the beach shall be closed and not reopened until two additional samples collected on the same day are both less than 500 fecal coliform/100 ml or 235 E. coli/100 ml.

3) If a survey determines that there are discharges of sanitary or combined sewers, other raw or partially treated sewage, or other hazardous substances to the beach or immediate watershed, or if hazardous materials are found at the beach, the bathing beach shall be closed by written order

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of the Department.

4) IfWhere schistosome dermatitis (swimmers' itch) is known to exist, appropriate measures shall be taken to protect the bathers, including, but not limited to,. Such measures may include posting of warning signs, chemical treatment of the beach or closing the beach. Any chemical treatment shall comply with all federal, State and local requirements, including prior approval of the Department or its agents.

5) The beach manager/operator shall monitor the water depth around diving facilities and prohibit use of any such facilities thatwhich do not comply with the minimum water depth requirements of subsection (b)(3) of this Section.

6) For all beaches established after May 28, 1997, the beach manager/operator shall enforce the bather load established in subsection (b)(1) of this Section. ForAdditionally, for all beaches, the bather density in water less than 5 feet deep shall not exceed one bather per 25 square feet.

7) The beach area shall be kept free of any debris, including wastes from waterfowl or other wildlife.

8) Leakproof, covered refuse containers shall be provided at convenient locations in the beach area. They shall be emptied when necessary to avoid odors and insect breeding.

9) At times when the beach is closed seasonally or during normal hours of operation during the operating season, signs proclaiming the closing of the beach shall be prominently posted at the beach unless an effective barrier to prevent access to the beach area is in place. f) Lifeguards. Lifeguards shall be provided at bathing beaches thatwhich allow bathers less thanunder 16 years of age to enter the beach without a responsible person 16 years of age or older present. Lifeguards shall comply with the requirements of Section 820.300(b). g) Safety Requirements

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1) A U.S. Coast Guard approved ring buoy with at least 25 feet of rope shall be available at the beach when bathers are present.

2) A telephone shall be available within 500 feet of the beach when bathers are present. The numbers of the local police, fire department, rescue squad and ambulance, and/or 911 numbers shall be posted near the telephone. A portable phone may be used to meet this requirement. The phone may be located in a residence within 500 feet of the beach, provided that it will be accessible at all times the beach is in operation. Unless the phone is located in the immediate beach area, a sign shall be posted indicating the location of the phone.

3) All drownings and injuries or illnesses requiring hospitalization shall be reported to the Department within 24 hours after the occurrence. A written report, on forms provided by the Department,and the Department's "Drowning and Injury Report" form shall be completed and submitted within 7 days after the occurrence. h) Waiver

1) A homeowner's association may apply to the Department for a waiver of the requirements of subsection (d)(2) of this Section by making a written request signed by an officer of the association. The request shallmust contain the following information:

A) The requirements from which the homeowner's association seeks a waiver;

B) Certification that a majority of the members of the homeowner's association or a majority of the board of directors representing the homeowner's association agreed to be exempt from the requirements requested. If the application for waiver is based on a decision of the board of directors rather than a majority vote of the members, the waiver request shallmust also indicate that all members of the association were notified in writing of the decision to request a waiver and of the requirements from which the association is requesting a waiver. A copy of the notification to members shall be included with the waiver request;

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C) Certification that the beach normally serves 50 or fewer bathers per day; and

D) Certification that the use of the beach is intended only for members of the homeowner's association and their guests.

2) Upon submission of the waiver application, a waiver shall be granted only if the following conditions are met:

A) All water samples were submitted during the current or previous year as required by subsection (e)(1) of this Section; and

B) The closure standards set forth in subsection (e)(2) of this Section were not exceeded during the current or previous year or, if the closure standards were exceeded, the Department or local health department determined that the cause of the unsatisfactory water quality was not an absence of toilet facilities at the beach.

3) A waiver granted by the Department shall be valid indefinitely, except as provided in this subsection:

A) A waiver shall become invalid immediately if the beach is closed due to a violation of the standards set forth in subsection (e)(2) of this Section, unless the Department or local health department determines that the cause of the unsatisfactory water quality was not an absence of toilet facilities at the beach;

B) If the applicant or manager/operator fails to comply with a written order of the Department to submit water samples required by subsection (e)(1), the waiver shall become invalid on the date that the samples were specified to be submitted;

C) A waiver shall not apply on any day that the homeowner's association anticipates that the number of bathers will exceed 50 (for example, holiday weekends, special events, or parties).

4) When a waiver becomes invalid, the required toilet facilities shall be provided before the beach is allowed to operate. If a waiver is invalidated due to the conditions described in subsection (h)(3)(A) or (B), a new

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waiver application shallmust be filed with and approved by the Department. i) Rules governing the use of the beach and instructions to patrons shall be displayed on placards at the entrance to bather preparation facilities or other conspicuous locations and shall be enforced by the beach manager/operator. The beach management has the authority to implement and enforce rules that are more stringent or that supplement those listed in this subsection (i). Posting of rules and other instructions shall provide that:

1) Admission to the beach shall be refused to all persons having any contagious disease, infectious conditions such as colds, fever, ringworm, foot infections, skin lesions, carbuncles, boils, diarrhea, vomiting, inflamed eyes, ear discharges, or any other condition that has the appearance of being infectious. Persons with excessive sunburn, abrasions that have not healed, corn plasters, bunion pads, adhesive tape, rubber bandages, or other bandages of any kind shall also be refused admittance because of the potential for transmittable disease. A person under the influence of alcohol or exhibiting erratic behavior shall not be permitted in the beach area.

2) The beach water is not suitable for drinking. Patrons should avoid swallowing beach water.

3) Littering is prohibited. No food, drink, gum or tobacco is allowed in the water. Glass containers are prohibited throughout the beach area.

4) No one should swim alone.

5) Personal conduct within the beach shall not jeopardize the safety of self and others.

6) Persons less than 16 years of age must be accompanied by a responsible person 16 years of age or older unless a lifeguard is present.

7) Spitting, spouting of water, blowing the nose or otherwise introducing contaminants into the beach water is not permitted.

8) Glass, soap or other material that might create hazardous conditions or

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interfere with efficient operation of the bathing beach shall not be permitted in the beach area.

9) If present, lifeguards are responsible for enforcing safety rules and responding to emergencies. Parents or guardians should supervise their children.

10) All children who are not toilet trained shall wear tightly fitting disposable swim diapers.

11) Diving in shallow water is not permitted.

12) Caution shall be exercised in the use of diving facilities.

13) Swimming is prohibited after sunset or before sunrise, or when thunder is heard or lightning is seen, including a 15-minute period after the last lightning or thunder is detected.

14) No pets are permitted in the beach area.

15) Feeding of wildlife or other actions that encourage their presence is prohibited. i) The following rules governing the use of the beach shall be displayed on placards provided by the Department at the entrance to bathhouses or other conspicuous locations and shall be enforced by the beach manager/operator.

REGULATIONS – BEACHES

The following rules govern the use of the beach and shall be enforced by the beach manager/operator.

1) The beach water is not suitable for drinking. Avoid swallowing beach water.

2) Admission to the beach may be refused to all persons having any contagious disease, infectious conditions such as colds, fever, ringworm, foot infections, skin lesions, carbuncles, boils, diarrhea, vomiting, inflamed eyes, ear discharges, or any other condition which has the

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appearance of being infectious. Persons with excessive sunburn, abrasions which have not healed, corn plasters, bunion pads, adhesive tape, rubber bandages, or other bandages of any kind may also be refused admittance. A person under the influence of alcohol or exhibiting erratic behavior shall not be permitted in the beach area.

3) Littering is prohibited. In addition, no food, drink, gum or tobacco is allowed in the water. Glass containers are prohibited throughout the beach area.

4) All children who are not toilet-trained shall wear tight fitting rubber or plastic pants.

5) No one should swim alone.

6) Persons under the age of 16 must be accompanied by a responsible person 16 years of age or older unless a lifeguard is present.

7) Personal conduct within the beach must be such that safety is not jeopardized.

8) Diving in shallow water is not permitted.

9) Caution shall be exercised in the use of diving facilities.

10) Swimming is prohibited after sunset or before sunrise, or when thunder is heard or lightning is seen, including a 15-minute period after the last lightning or thunder is detected.

11) No pets are permitted in the beach area.

12) Feeding of wildlife or other actions that encourage their presence is prohibited.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

SUBPART F: PREQUALIFICATION OF ARCHITECTS, PROFESSIONAL ENGINEERS AND SWIMMING FACILITY CONTRACTORS

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Section 820.500 General Prequalification InformationMinimum Sanitary Requirements for Bathing Beaches (Renumbered)

Architects and professional engineers submitting permit applications and plans shall have been prequalified by the Department. Swimming facility contractors constructing a swimming facility shall have been prequalified by the Department. Prequalification is free of charge to the applicant. Each applicant for prequalification shall:

a) Ensure that the prequalification status is approved prior to submitting an application for a permit;

b) Notify the Department within 30 calendar days after any changes to information contained in the prequalification application. Failure to do so may result in loss of prequalification.

(Source: Section 820.500 renumbered to Section 820.400 at 22 Ill. Reg. 9357, effective May 15, 1998; new Section 820.500 added at 37 16539, effective October 4, 2013)

Section 820.510 Prequalification Application

a) Initial Application. Initial prequalification applications may be submitted at any time. Incomplete submissions will be returned to the applicant. If initial prequalification is denied, the applicant may reapply 30 days after the date of denial. If approved, the initial prequalification shall be valid for one year from the date of issuance. The Department will not issue to the same applicant more than two initial prequalifications consecutively or within a 5 year period.

b) Renewal. Currently prequalified contractors, architects and professional engineers shall submit a prequalification renewal application to the Department 60 days prior to prequalification expiration. If approved, renewed prequalifications shall be valid for 2 years from the issuance date.

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.520 Prequalification Requirements for Architects and Professional Engineers

Architects or professional engineers applying for prequalification with the Department shall meet the following requirements:

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a) Initial Prequalification

1) Submit a completed application on forms provided by the Department, detailing technical expertise and work history. This will include, but not be limited to, education, number of swimming facilities designed, and number of swimming facilities self-performed.

2) Submit a copy of the applicant's valid architect or professional engineer license and list any disciplinary action by the Illinois Department of Financial and Professional Regulation (IDFPR).

3) Successfully complete the Department swimming facility prequalification training. New applicants shall complete a training class provided by the Department during the first year of prequalification.

b) Prequalification Renewal

1) Submit a completed Prequalification Application Form provided by the Department, detailing technical expertise and work history. This will include, but not be limited to, education and the number of swimming facilities self-performed.

2) Submit a copy of the applicant's valid architect or professional engineer license and list any disciplinary action by the Illinois Department of Financial and Professional Regulation (IDFPR).

3) Successfully complete the Department's annual swimming facility prequalification training.

4) Prequalification renewal will be granted or denied based on a point system. To be prequalified, the applicant shall obtain a minimum score of 75 points. The criteria the Department uses in its evaluation are detailed in Appendix B.Table I.

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.530 Prequalification Requirements for Swimming Facility Contractors

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Swimming facility contractors applying for prequalification with the Department shall meet the following requirements:

a) Initial Prequalification

1) Submit a completed application on forms provided by the Department, detailing technical expertise and work history. This will include, but not be limited to, the number of swimming facilities built, altered or renovated, and the number of swimming facilities self-performed.

2) If the applicant is a limited liability company (LLC) or corporation, it shall be registered and in good standing with the Illinois Secretary of State.

3) Successfully complete the Department annual training, in addition to other continuing education directives. New applicants shall complete a training class provided by the Department during the first year of prequalification.

b) Prequalification Renewal

1) Submit a completed application on forms provided by the Department, detailing technical expertise and work history. This will include, but not be limited to, the number of swimming facilities built, altered or renovated, and the number of swimming facilities self-performed.

2) If the applicant is an LLC or corporation, it shall be registered and in good standing with the Illinois Secretary of State.

3) Successfully complete the Department's annual swimming facility prequalification training.

4) Perform a minimum of 25 percent of the construction pursuant to the permit issued by the Department for the construction, major alteration or installation of a swimming facility.

5) Prequalification will be granted or denied based on a point system. To be prequalified, the applicant shall obtain a minimum score of 75 points. The criteria the Department uses in its evaluation are detailed in Appendix B.Table J.

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(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.540 Prequalification Denial, Suspension or Revocation

a) The Department has the authority to deny the renewal of, suspend or revoke any currently prequalified architect, professional engineer or swimming facility contractor who has been adjudicated to have violated the Act or this Part.

1) Denial will be based on the failure to comply with the requirements outlined in Section 820.520 or Section 820.530.

2) Suspension will be based on the point system outlined in Appendix B.Table K. An accumulated score of 40-74 points shall result in suspension of prequalification status for a period of 30 days. The prequalified person shall complete a Department swimming facility prequalification training class to be reinstated from a suspension.

3) Revocation will be based on the point system outlined in Appendix B.Table K. A score of 75 or above shall result in revocation of prequalified status. The prequalified person may not submit a new prequalification application within one year after prequalification is revoked.

4) When a prequalified person knowingly violates this Part or the Act or, in a willful and wanton manner, disregards this Part, the Department may take such action as necessary, including suspending and revoking the prequalification, to prevent harm to the public.

b) The prequalified architect, professional engineer or contractor may choose to subcontract the project or portions of the project; however, the prequalified person is fully responsible for the actions of its subcontractors on the work performed pursuant to Department-issued permits.

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.550 Prequalified List

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The Department will maintain a list of prequalified architects, professional engineers and swimming facility contractors (see http://www.idph.state.il.us/envhealth/swimmingpools.htm) and make the list available to the public on the Department's Swimming Facility website.

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

SUBPART G: LOCAL HEALTH DEPARTMENTS

Section 820.600 Agent Health Departments

The Department has the authority to establish agent agreements with certified local health departments it seeks to designate as agents for making inspections and investigations under Section 11 of the Act. An agent so designated may charge fees for costs associated with enforcing the Act.

a) Agent health departments shall, at a minimum:

1) Employ an Illinois licensed environmental health practitioner (LEHP) or Licensed Professional Engineer; and

2) Maintain the Department's electronic licensing system as required.

b) If an agent determines that it cannot perform an inspection under this Part, the Department will perform the inspection. Any applicable fees shall be payable to the Department, and the agent may not charge a fee. Fees shall not be assessed by both the Department and an agent for the same service or activity.

c) All agent agreements in effect prior to January 1, 2014 are void on that date and are superseded by this Part.

d) If the Department finds that the agent health department fails to meet the minimum requirements of the agent agreement, the agreement will be terminated pursuant to the terms contained in the agreement.

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

Section 820.610 Ordinance Health Departments

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The Department has the authority to establish ordinance approvals with local health departments belonging to a unit of government that has adopted an ordinance electing to annually license and inspect swimming facilities within its jurisdiction by administering and enforcing the Act and adopting, by reference, this Part.

a) Ordinance health departments shall, at a minimum:

1) Employ an Illinois licensed environmental health practitioner (LEHP) or Licensed Professional Engineer; and

2) Maintain the Department's electronic licensing system as required, or share their existing information with the Department.

b) Units of local government that have adopted an ordinance that complies with the requirements of the Act and this Part shall provide written notice to the Department, including a copy of the ordinance, indicating the unit of local government's authority to perform all required duties, and a statement that the unit of local government meets all of the requirements of the Act and this Part, including the identification of the personnel required pursuant to this Section.

c) If an ordinance health department determines that it cannot perform an inspection under the Act, the Department will perform the inspection. Any applicable fees shall be payable to the Department and the ordinance health department may not charge a fee. Fees shall not be assessed by both the Department and an ordinance health department for the same service or activity.

d) Not less than once every 3 years the Department shall evaluate each unit of local government's licensing and inspection program to determine whether the program is being operated and enforced in accordance with the Act and this Part. (Section 27 of the Act)

1) If the Department finds, after investigation, that the program is not being enforced within the provisions of the Act or this Part, the Director shall give written notice of the findings to the unit of government. (Section 27 of the Act)

2) If the Department finds, not less than 30 days after the given notice, that the program is not being conducted and enforced within the provisions of the Act or this Part, the Director shall give written notice to the unit of

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government that its authority to administer the Act is revoked. (Section 27 of the Act)

3) Any unit of government whose authority to administer the Act is revoked may request an administrative hearing as provided in the Act. If the unit of government fails to request a hearing within 15 days after receiving the notice or if, after the hearing, the Director confirms the revocation, all swimming facilities then operating under the unit of government shall be immediately subject to the State licensure fee and inspection program, until such time as the unit of government is again authorized by the Department to administer and enforce the Act. (Section 27 of the Act)

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

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Section 820.APPENDIX A Illustrations

Section 820.ILLUSTRATION A Slope of Pool Floor

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

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Section 820.APPENDIX A Illustrations

Section 820.ILLUSTRATION B Pool Walls

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NOTICE OF ADOPTED AMENDMENTS

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16637 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX A Illustrations

Section 820.ILLUSTRATION C General Pool Divinng Area Dimensions

Minimum Distance Indicated ≤ 0.5 M 1M 3M A – End Wall to Tip of Board 3' 5' 5' B – Center of Board to Sidewall or Adjacent Board 10' 10' 12' C – Center of Board Laterally to Point of Required Depth 4' 4' 6' D – Depth at End of Board and for 12' Beyond 9.5' 10' 12'

* As an alternate to the minimum wall depth of 5 feet below the water level, the wall may be vertical for a depth of 3 feet below the water level, below which it may be curved to the bottom with a radius equal to the difference between the depth at the bottom and the depth at the point of curvature.

ILLINOIS REGISTER 16638 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

MINIMUM DISTANCE INDICATED ≤ 0.5 M 1M 3M A − ENDWALL TO TIP OF BOARD 3' 5' 5' B − CENTER OF BOARD TO SIDEWALL OR ADJACENT BOARD 10' 10' 12' C − CENTER OF BOARD LATERALLY TO POINT OF REQUIRED DEPTH 4' 4' 6' D − DEPTH AT END OF BOARD AND FOR 12' BEYOND 9.5' 10' 12'

* AS AN ALTERNATE TO THE MINIMUM WALL DEPTH OF 6' BELOW THE WATER LEVEL, THE WALL MAY BE VERTICAL FOR A DEPTH OF 3' BELOW THE WATER LEVEL, BELOW WHICH IT MAY BE CURVED TO THE BOTTOM WITH A RADIUS EQUAL TO THE DIFFERENCE BETWEEN THE DEPTH AT THE BOTTOM AND THE DEPTH AT THE POINT OF CURVATURE.

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16639 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX A Illustrations

Section 820.ILLUSTRATION D Pools with Diving Facilities in Excess of Three Meters in Height

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16640 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX A Illustrations

Section 820.ILLUSTRATION G Flow Meter Installation

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16641 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX A Illustrations

Section 820.ILLUSTRATION H Skimmer Construction

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16642 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX A Illustrations

Section 820.ILLUSTRATION I Installation of a Pressure Sand Filter System

ILLINOIS REGISTER 16643 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16644 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX A Illustrations

Section 820.ILLUSTRATION J Installation of a Pressure Diatomaceous Earth Filter System

ILLINOIS REGISTER 16645 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16646 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX A Illustrations

Section 820.ILLUSTRATION K Installation of a Vacuum Filter System

ILLINOIS REGISTER 16647 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16648 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX A Illustrations

Section 820.ILLUSTRATION L Chlorine Injection into Return Line to Swimming FacilityPool Using Pump Discharge Pressure

ILLINOIS REGISTER 16649 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16650 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX A Illustrations

Section 820.ILLUSTRATION N Chlorine Injection into Return Line to Swimming FacilityPool Using Booster Pump

ILLINOIS REGISTER 16651 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16652 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX B Tables

Section 820.Table A Dimensions ofOf Swimming Pools withWith Diving Facilities inIn Excess ofOf Three Meters inIn Height

5-Meter 7.5-Meter 10-Meter

Platform Platform Platform Length 20' 20' 20' Width 5' 5' 5' A From Plummet: Back to Pool Wall 5' 5' 6'

AA Back to Platform Directly Below 5' 5'

B From Plummet to Pool Wall at Side 13' 15' 17'

C From Plummet to Adjacent Plummet 12'

D From Plummet to Pool Wall Ahead 34' 36' 45'

E Plummet from Board to Ceiling Overhead 12' 12' 12'

F Clear Overhead Behind and Each Side Plummet 9' 10' 16'

G Clear Overhead Ahead of Plummet 16' 16' 16'

H Depth of Water at Plummet 14' 15' 17'

J Bottom Distance Ahead of Plummet 20' 26' 40'

K Bottom Depth Ahead of Plummet 12'-9" 13' 15'

L Bottom Distance Each Side of Plummet 12' 13' 14'

M Bottom Depth Each Side of "L" 14' 15' 17'

N Maximum Angle of Slope to Pool Bottom 1:2 1:2 1:2 Reduce Dimension Beyond P Full Requirements Ceiling Height 1:2 1:2 1:2

ILLINOIS REGISTER 16653 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

5-METER 7.5-METER 10-METER PLATFORM PLATFORM PLATFORM LENGTH 20' 20' 20' WIDTH 5' 5' 5'

A FROM PLUMMET: BACK TO POOL 5' 5' 6' WALL A-A BACK TO PLATFORM DIRECTLY 5' 5' BELOW B FROM PLUMMET TO POOL WALL AT 13' 15' 17' SIDE C FROM PLUMMET TO ADJACENNT 12' PLUMMET D FROM PLUMMET TO POOL WALL 34' 36' 45' AHEAD E PLUMMET FROM BOARD TO CEILING 12' 12' 12' OVERHEAD F CLEAR OVERHEAD BEHIND AND 9' 10' 16' EACH SIDE PLUMMET G CLEAR OVERHEAD AHEAD OF 16' 16' 16' PLUMMET H DEPTH OF WATER AT PLUMMET 14' 15' 17'

J BOTTOM DISTANCE AHEAD OF 20' 26' 40' PLUMMET K BOTTOM DEPTH AHEAD OF 12'9" 13' 15' PLUMMET L BOTTOM DISTANCE EACH SIDE OF 12' 13' 14'

M BOTTOM DEPTH EACH SIDE OF 14' 15' 17'

N MAXIMUM ANGLE OF POOL 1:2 1:2 1:2 SLOPE BOTTOM TO REDUCE DIMEN. CEILING P BEYOND FULL 1:2 1:2 1:2 HEIGHT REQUIREMENTS

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16654 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX B Tables

Section 820.TABLE D Sizing Swimming FacilityPool Chlorinators and Brominators

(Chlorine dosage is based on a rate of 8 p.p.m. for outdoor pools and 3 p.p.m. for indoor pools at a 6 hour pool turnover flow rate. Bromine dosage is based on a rate of 15 p.p.m. for outdoor pools and 5 p.p.m. for indoor pools at a 6 hour pool turnover flow rate)

Pool lbs/day chlorine gal/day hypo- gal/day hypo- lbs/day Bromine Volume gas chlorinator chlorinator (Bromo-chloro- Gallons (calcium (Sodium dimethylhydantoin) hypochlorite) hypochlorite) powder, 65% liquid, 10% chlorine – chlorine – 5% solution) straight) Outdoor Indoor Outdoor Indoor Outdoor Indoor Outdoor Indoor

10,000 2.7 1.0 9.8 3.7 3.2 1.2 5.0 1.7 20,000 5.3 2.0 19.7 7.4 6.4 2.4 10.0 3.3 30,000 8.0 3.0 29.5 11.1 9.6 3.6 15.0 5.0 40,000 10.7 4.0 39.4 14.8 12.8 4.8 20.0 6.7 50,000 13.3 5.0 49.2 18.5 16.0 6.0 25.0 8.3 60,000 16.0 6.0 59.1 22.2 19.2 7.2 30.0 10.0 70,000 18.7 7.0 68.9 25.8 22.4 8.4 35.0 11.7 80,000 21.4 8.0 78.8 29.5 25.6 9.6 40.0 13.3 90,000 24.0 9.0 88.6 33.2 28.8 10.8 45.0 15.0 100,000 26.7 10.0 98.5 36.9 32.0 12.0 50.0 16.7 120,000 32.0 12.0 118.1 44.3 38.4 14.4 60.0 20.0 140,000 37.4 14.0 137.8 51.7 44.8 16.8 70.1 23.4 160,000 42.7 16.0 157.5 59.1 51.2 19.2 80.1 26.7 180,000 48.0 18.0 177.2 66.5 57.6 21.6 90.1 30.0 200,000 53.4 20.0 196.9 73.8 64.0 24.0 100.1 33.4 250,000 66.7 25.0 246.1 92.3 80.0 30.0 125.1 41.7 300,000 80.1 30.0 295.4 110.8 96.0 36.0 150.1 50.0 350,000 93.4 35.0 344.6 129.2 112.0 42.0 175.1 58.4 400,000 106.8 40.0 393.8 147.7 128.0 48.0 200.2 66.7 450,000 120.1 45.0 443.1 166.1 144.0 54.0 225.2 75.1 500,000 133.4 50.0 492.3 184.6 160.0 60.0 250.0 83.4 600,000 160.1 60.0 590.7 221.5 192.0 72.0 300.2 100.1

ILLINOIS REGISTER 16655 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

700,000 186.8 70.1 689.2 258.5 224.0 84.0 350.3 116.8 800,000 213.5 80.1 787.7 295.4 256.0 96.0 400.3 133.4 900,000 240.2 90.1 886.1 332.3 288.0 108.0 450.4 150.1 1,000,000 266.9 100.1 984.6 369.2 320.0 120.0 500.4 166.8

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16656 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX B Tables

Section 820.TABLE E Shower, Lavatory and Toilet Fixtures Required per Bather Load

Bather Load Fixtures Required (Male) Fixtures Required (Female)

Toilets Urinals Lavatories Showers Toilets Lavatories Showers 0-100 1 0 1 1 1 1 1 101-200 1 1 1 2 2 1 2 201-300 1 2 2 3 3 2 3 301-400 2 2 2 4 4 2 4 401-500 2 3 2 5 5 2 5 501-1000 3 3 2 6 6 2 6 1001-1500 4 5 2 10 9 2 10 1501-2000 5 6 2 15 11 2 15 2001- 6 7 3 20 13 3 20

(Source: Amended at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16657 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX B Tables

Section 820.TABLE F Fee Schedule from Section 8.1 of the Act

Fee schedule for fees* assessed by the Department for all licensees except certain tax-exempt organizations, governmental units, and public elementary and secondary schools, specifically identified in Appendix B.Tables G and H.

Water Surface Major Plan License Fee: Construction Area or Other Alteration Resubmittal Original & Permit Fee Feature Permit Fee Fee Renewal

0-500 sq.ft. $625 $310 $200 $150 501-1,000 sq.ft. $1,250 $625 $200 $300 1,001-2,000 sq.ft $1,500 $750 $200 $400 2,001+ sq.ft. $1,950 $975 $200 $500 Aquatic Feature $625 $310 $200 $150 Bathing Beach $625 $310 $200 $150

Late Initial Subsequent Lapsed Renewal Inspection Inspection Fee Fixed Fees Fee Fee Fee

$100 $150 $150 $100

* All fees set forth in this Section shall be charged on a per-swimming-facility or per-aquatic- feature basis, unless otherwise noted.

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16658 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX B Tables

Section 820.TABLE G Fee Schedule from Section 8.2 of the Act

Fee schedule for fees* assessed by the Department for a licensee that is an organization recognized by the United States Internal Revenue Service as tax-exempt under Title 26 of the United States Code, Section 501(c)(3).

Water Surface Major Plan License Fee: Construction Area or Other Alteration Resubmittal Original & Permit Fee Feature Permit Fee Fee Renewal

0-500 sq.ft. $150 $50 $200 $0 501-1,000 sq.ft. $150 $50 $200 $0 1,001-2,000 sq.ft $150 $50 $200 $0 2,001+ sq.ft. $150 $200 $200 $0 Aquatic Feature $600 $300 $200 $75 Bathing Beach $150 $50 $200 $75

Late Initial Subsequent Lapsed Renewal Inspection Inspection Fee Fixed Fees Fee Fee Fee

$50 $75 $0 $100

* All fees set forth in this Section shall be charged on a per-swimming-facility or per-aquatic- feature basis.

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16659 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX B Tables

Section 820.TABLE H Fee Schedule from Section 8.3 of the Act

Fee schedule for fees* assessed by the Department for a licensee that is a unit of State or local government or a public elementary or secondary school

Water Surface Major License Fee: Construction Plan Area or Other Alteration Original & Permit Fee Resubmittal Fee Feature Permit Fee Renewal

0-500 sq.ft. $0 $0 $200 $0 501-1,000 sq.ft. $0 $0 $200 $0 1,001-2,000 sq.ft $0 $0 $200 $0 2,001+ sq.ft. $0 $0 $200 $0 Aquatic Feature $600 $300 $200 $0 Bathing Beach $0 $0 $200 $0

Late Initial Subsequent Lapsed Renewal Inspection Inspection Fee Fixed Fees Fee Fee Fee

$0 $0 $0 $100

* Construction permit fees and major alteration permit fees set forth in this Section shall be due only if the Department produces an initial review within 60 days after receipt of the application.

* The fees for aquatic features under this Section shall cover all aquatic features at a particular facility, and an aquatic feature fee is not required for every aquatic feature.

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16660 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX B Tables

Section 820.TABLE I Point System for Swimming Facility Architects and Professional Engineers

1. Number of years the architect or professional 5. Number of times the applicant engineer has been designing swimming facilities (# of has violated the Swimming years = # of points). Example: 8 years = 8 points (A Facility Act or the Swimming maximum of 20 points) Facility Code within the past 12 months for initial applicants and ______years 24 months for renewal applicants: 2. Number of swimming facility permits obtained from the Department in the past 5 years: 0 = 10 points 1-2 = (-5 points) 0 = 0 points 3 = (-10 points) 1- 5= 5 points 4+ = Disqualified 6-10 = 10 points 11 - 15 = 15 points 6. Number of times the applicant's 16+ = 20 points prequalification status has been suspended or revoked within the 3. Type of design work performed for swimming past 12 months for initial facilities listed on the application: (A maximum of applicants and 24 months for 70 points) renewal applicants:

No work performed on a swimming facility = 0 points 0 = 0 points New pool at motel/apartment/condo = 10 points 1-2 = (-10 points) New multiple pools (2 or less) at facility = 15 points 3+ = Disqualified New multiple pools (3 or more) at facility = 20 points Resurfacing the pool = 2 points 7. Number of years the design firm Replacement of recirculation equipment = 5 points employing the architect or Replacement of overflow gutter/skimmer = 10 points professional engineer has been Replacement of main drain cover = 10 points designing swimming facilities: Small slides/diving board installation = 5 points Water slides over 30 feet in length = 10 points < 1 year = 0 points Design bathing beach = 5 points 1-5 = 5 points 6-10 = 10 points 4. Number of times plans were resubmitted for a single 11+ = 20 points

ILLINOIS REGISTER 16661 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS project prior to permit being issued by the Department: (using the five projects listed on the application)

0-1 = 10 points 2-4 = (-5 points) 5-6 = (-10 points) 7+ = Disqualified

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16662 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX B Tables

Section 820.TABLE J Point System for Swimming Facility Contractors

1. Legally authorized to do business in Illinois. 5. Number of projects constructed in Illinois without the required Yes = 10 points permit within the last 2 years: No = 0 points 0 = 5 points 2. Number of years the contractor has been constructing 1-2 = (-10 points) swimming facilities (# of years = # of points). Example: 8 years 3-6 = (-20 points) = 8 points 7-10 = (-25 points) 11+ = (-30 points) (A maximum of 20 points) 6. Number of times the applicant has 3. Number of swimming facilities constructed in Illinois in the violated the Swimming Facility past 5 years: Act or the Swimming Facility Code within the past 2 years. 1-5 = 5 points 6-10 = 10 points 0 = 10 points 11-15 = 15 points 1-2 = (-5 points) 16+ = 20 points 3 = (-10 points) 4+ = Disqualified 4. Type of work performed on a swimming facility: 7. Number of times the applicant's (A maximum of 70 points) prequalification status has been suspended or revoked within the No work performed on a swimming facility = 0 points past 2 years. New pool at motel/apartment/condo = 10 points New multiple pools (2 or less) at facility = 15 points 0 = 0 points New multiple pools (3 or more) at facility = 20 points 1-2 = (-10 points) Resurfacing the pool = 2 points 3+ = Disqualified Replacement of recirculation equipment = 10 points Replacement of overflow gutter/skimmer = 10 points Replacement of main drain cover = 10 points Small slides/diving board installation = 5 points Water slides 30+ feet in length installation = 10 points Construction of bathing beach = 5 points

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16663 13 DEPARTMENT OF PUBLIC HEALTH

NOTICE OF ADOPTED AMENDMENTS

Section 820.APPENDIX B Tables

Section 820.TABLE K Point System for Suspension and Revocation

Swimming Facility Architects and Swimming Facility Professional Engineers Contractors

1. Licensed Architect or Professional Engineer in Illinois: 1. Legally authorized to do business in Illinois: Yes = 0 points No = 100 points Yes = 0 points No = 10 points 2. Number of projects designed by the applicant that were constructed after prequalification in Illinois without the required 2. Number of projects constructed permit: in Illinois without the required permit or in violation of a 0 = 0 points permit: 1 = 10 points 2+ = 100 points 0 = 0 points 1 = 10 points 3. Number of times plans were resubmitted for a single project 2+ = 100 points prior to permit being issued by the Department: 3. Completed annual Department 0-1 = 0 points training class: 2-4 = 15 points 5-6 = 25 points Yes = 0 points 7+ = 100 points No = 15 points

4. Completed annual Department training class: 4. Number of times the person has violated the Swimming Facility Yes = 0 points Act or the Swimming Facility No = 15 points Code within the past 2 years:

5. Number of times the person has violated the Swimming Facility 0 = 0 points Act or the Swimming Facility Code within the past 2 years: 1-2 = 15 points 3-4 = 25 points 0 = 0 points 5+ = 100 points 1-2 = 15 points 3-4 = 20 points 5+ = 100 points

(Source: Added at 37 Ill. Reg. 16539, effective October 4, 2013)

ILLINOIS REGISTER 16664 13 STATE BOARD OF EDUCATION

NOTICE OF ADOPTED RULES

1) Heading of the Part: Standards for Endorsements in Elementary Education

2) Code Citation: 23 Ill. Adm. Code 20

3) Section Numbers: Adopted Action: 20.10 New Section 20.100 New Section 20.110 New Section 20.120 New Section 20.130 New Section

4) Statutory Authority: 105 ILCS 5/2-3.6

5) Effective Date of Rules: October 2, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Do these rulemakings contain incorporations by reference? Yes; see Section 20.100.

8) A copy of the adopted rules, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: April 12, 2013; 37 Ill. Reg. 4606

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: Section 20.10(a) was modified to require that community colleges and institutions of higher education with elementary preparation programs work "in consultation with" each other, rather than requiring that a partnership be formed.

In Section 20.10(c), the admission date was changed from July 1, 2014, to October 1, 2015; a date for completion of a current program was added (i.e., on or before September 1, 2017); and the date of issuance of an endorsement under the current system was moved from "no later than January 31, 2017", to "by September 1, 2018".

Text in Section 20.120(c)(1) that referred to "middle grade mathematics" teacher was corrected to state "elementary" teacher.

ILLINOIS REGISTER 16665 13 STATE BOARD OF EDUCATION

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A technical change removed a definite article before "social studies" in Section 20.130(a).

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? Yes

13) Will this rulemaking replace any emergency rulemaking currently in effect? No

14) Are there any other proposed rulemakings pending on this Part? No

15) Summary and Purpose of the Rules: The incorporation into the Illinois Learning Standards of the Common Core State Standards in English Language Arts and Literacy in History/Social Studies, Science, and Technical Subjects, and the Common Core State Standards in Mathematics represents potential for a shift toward college and career readiness in the preparation of students in kindergarten through grade 12 (K-12). As such the State Board of Education has proposed Standards for Endorsements in Elementary Education (23 Ill. Adm. Code 20) to realize this potential through the integration of the Common Core State Standards (CCSS) into teacher preparation standards used for program approval and content-area examinations so as to embody the content and pedagogical knowledge necessary to work with children in these specific grade/age bands.

The proposed standards address the preparation of teachers working with students in the elementary grades (defined as grades 1 through 6). Recognizing that the academic and social-emotional developmental needs of students in the elementary grades as different from those of students in the middle grades or high school, the standards set forth in the proposed rules create separate endorsements that allow for the focused preparation of a teaching force attuned to the distinct needs of this student group. The need for this shift in preparation philosophy is well documented and supported by the Association for Childhood Education International (ACEI) and the Association for Middle Level Education (AMLE). Currently, the standards address only literacy and math; however, it is the intent that standards specific to other core subject areas, such as science and the social sciences, will be added once those standards are developed.

The standards set forth in the rules reflect the input and deliberations conducted over the past two years of stakeholders from across the state. These stakeholders, representing higher education, K-12 practitioners, policymakers, and professional organizations, have proposed grade-range-specific standards aligned to the CCSS and embodying the Illinois Professional Teaching Standards, which are set forth in Part 24 (Standards for All Illinois

ILLINOIS REGISTER 16666 13 STATE BOARD OF EDUCATION

NOTICE OF ADOPTED RULES

Teachers). The resulting standards in math and literacy are aligned to what teachers need to know and be able to do in order to prepare students to be college and career ready.

Additionally, the State Board of Education in 2014 will be proposing changes to 23 Ill. Adm. Code 26 (Standards for Endorsements in Early Childhood Education and in Elementary Education) for ages 0 to kindergarten that will align to the Common Core State Standards for mathematics and English language arts for the kindergarten level and emphasize the emergent literacy skills of children in this age range.

16) Information and questions regarding these adopted rules shall be directed to:

Vicki Phillips, Division Administrator Preparation and Evaluation Division Illinois State Board of Education 100 North First Street, E-310 Springfield, Illinois 62777

217/782-2948

The full text of the Adopted Rules begins on the next page:

ILLINOIS REGISTER 16667 13 STATE BOARD OF EDUCATION

NOTICE OF ADOPTED RULES

TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER b: PERSONNEL

PART 20 STANDARDS FOR ENDORSEMENTS IN ELEMENTARY EDUCATION

SUBPART A: GENERAL

Section 20.10 Purpose and Effective Dates of Standards

SUBPART B: STANDARDS

20.100 General Standards 20.110 Literacy Standards for Elementary Teachers 20.120 Mathematics Standards for Elementary Teachers 20.130 Dispositions

AUTHORITY: Implementing Article 21B and authorized by Section 2-3.6 of the School Code [105 ILCS 5/Art. 21B and 2-3.6].

SOURCE: Adopted at 37 Ill. Reg. 16664, effective October 2, 2013.

SUBPART A: GENERAL

Section 20.10 Purpose and Effective Dates of Standards

a) This Part establishes the standards that, together with the standards set forth in Standards for All Illinois Teachers (23 Ill. Adm. Code 24), shall apply to the issuance of endorsements for elementary education (i.e., grades 1 through 6) on professional educator licenses pursuant to Article 21B of the School Code [105 ILCS 5/Art. 21B]. The standards set forth in this Part shall apply both to candidates for an endorsement in elementary education and to the programs that prepare them. That is:

1) beginning July 1, 2013, approval of any teacher preparation program or course of study in elementary education, whether currently approved or newly proposed, pursuant to the State Board's rules for Educator Licensure

ILLINOIS REGISTER 16668 13 STATE BOARD OF EDUCATION

NOTICE OF ADOPTED RULES

(23 Ill. Adm. Code 25, Subpart C) shall be based on the congruence of that program's or course's content with the standards identified in this Part;

2) on or before February 1, 2017, the examinations required for issuance of an endorsement in elementary education shall be based on the standards identified in this Part;

3) on or before February 1, 2017, each elementary education program seeking approval for the first time or re-approval of an existing program shall work in consultation with one or more community colleges to ensure the articulation of coursework between the two institutions and, as applicable, the alignment of community college coursework relevant to elementary education to the standards set forth in this Part.

b) In addition to demonstrating congruence with the standards set forth in this Part, each elementary education program or course of study shall meet the requirements set forth in 23 Ill. Adm. Code 25.97 (Endorsement for Elementary Education (Grades 1 through 6)).

c) Beginning October 1, 2015, no candidate shall be admitted to an elementary education program that has not been approved under this Part. Any candidate who is enrolled in an elementary program not approved under this Part shall complete the program on or before September 1, 2017 and have the elementary education endorsement issued by September 1, 2018.

SUBPART B: STANDARDS

Section 20.100 General Standards

Effective elementary education teachers possess the knowledge and skills articulated in the "Elementary Standards and Supporting Explanation" (2007) published by the Association for Childhood Education International, 1101 16th St., NW, Suite 300, Washington DC 20036 and posted at http://acei.org/programs-events/ncate.html. (No later amendments to or editions of these standards are incorporated.)

Section 20.110 Literacy Standards for Elementary Teachers

a) The Language and Literacy Curriculum Effective elementary teachers:

ILLINOIS REGISTER 16669 13 STATE BOARD OF EDUCATION

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1) understand and use the scientific basis of teaching to plan, evaluate and modify instruction (i.e., use of appropriate research in identifying and implementing effective instructional practices);

2) know the developmental sequence of language and literacy skills, along with age-level or grade-level benchmarks of development;

3) understand the Illinois Learning Standards for English Language Arts and Literacy in History/Social Studies, Science and Technical Subjects (23 Ill. Adm. Code 1.Appendix D, State Goals for Learning), their organization, progressions and the interconnections among the skills;

4) understand and evaluate the components of a comprehensive curriculum that develops students' literacy skills and strategies and ensures that instructional goals and objectives are met;

5) understand the role of early, systematic and explicit teaching of the foundational literacy skills;

6) understand and use research-based instructional strategies that have been demonstrated to be particularly successful for supporting struggling readers; and

7) understand a wide range of developmentally appropriate literacy assessments (i.e., standardized assessments, diagnostic measures, universal screening, curriculum-based assessments and progress monitoring), recognizing their purposes, strengths and limitations. b) Foundational Knowledge

1) Language Effective elementary teachers understand:

A) the nature and communicative role of various features of language, including semantics, syntax, morphology and pragmatics;

B) major theories and stages of first and second literacy acquisition and the role of native language in learning to read and write in a second language;

ILLINOIS REGISTER 16670 13 STATE BOARD OF EDUCATION

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C) the theories, principles and practices of emergent literacy, including the development of oral language and its relationship to the developmental process of reading and writing acquisition;

D) language, reading and writing development across the elementary years, using supporting evidence from theory and research;

E) the role of academic language in developing students' understanding of concepts, content, skills and processes; and

F) conventions of standard English grammar and usage (e.g., irregular plural nouns, past tense of irregular verbs, subject-verb agreement, pronoun-antecedent agreement, conjunctions, prepositions, interjections, perfect verb tenses).

2) Alphabetic Code Effective elementary teachers understand:

A) phonological awareness (sound structure of words, including syllables, onsets and rimes, phonemes), its development (from word and syllable separations to phonic segmentation) and relationship to reading and writing proficiency;

B) the orthographic-phonological system, including sound-letter relationships, and common English spelling patterns and their relationship to pronunciation; and

C) structural analysis (i.e., syllabication, affixes, root words) for decoding unknown words.

3) Text Effective elementary teachers understand:

A) the quantitative, qualitative and individual factors that affect text complexity, including how to estimate text readability;

B) the organizational structures, literary devices, rhetorical features, text features and graphics commonly used in literary and informational texts;

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C) the characteristics of various genre or forms of literary and informational text;

D) a variety of textual and programmatic resources for addressing the needs of struggling readers, including resources that are high- interest, low-readability; and

E) the role, perspective and purpose of text in specific disciplines. c) Using Research-Based Instructional Approaches

1) Decoding and Fluency Effective elementary teachers:

A) assist students in developing basic print and text concepts (e.g., alphabet, high-frequency words, directionality, book formats, spaces);

B) implement phonological awareness instruction, including the teaching of segmentation and blending;

C) provide explicit and systematic phonics instruction, including the teaching of letter-sound relationships, common spelling patterns, irregular forms and affixes; and

D) use a variety of approaches for teaching students to read text fluently (i.e., with sufficient accuracy, rate and expression).

2) Reading Comprehension Effective elementary teachers:

A) select high-quality texts that match student needs and educational goals;

B) identify text features that may impede comprehension (e.g., author's assumption of prior knowledge, use of unusual key vocabulary, complexity of sentences, unclear cohesive links, subtlety of relationships among characters or ideas, sophistication of tone, complexity of text structure, use of literary devices or data);

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C) scaffold reading to enable students to understand and learn from challenging text (e.g., re-reading, pre-teaching of vocabulary or key information not provided in the text);

D) introduce texts efficiently, providing a clear purpose for reading (and without revealing information the students can learn from reading the text);

E) guide close reading discussions that require students to identify the key ideas and details of a text, to analyze the text's craft and structure (including the tone and meaning of words), and critically evaluate the text;

F) provide instruction in interpreting graphic features (e.g., tables, charts, illustrations, tables of contents, captions, headings, indexes) and their relationship to text;

G) ask high-level, text-dependent questions;

H) guide the reading of multiple texts to enable students to comparatively analyze and evaluate information and to synthesize information from the texts into a coherent understanding of a topic;

I) teach students to use reading strategies to improve comprehension (e.g., predicting, purpose setting, sequencing, connecting, visualizing, monitoring, questioning, summarizing, synthesizing, making inferences, evaluating);

J) teach students to recognize literary elements and devices across literature genres and forms of informational text;

K) provide instruction in the use of note-taking, previewing, identifying main idea and supporting details, and reviewing strategies to clarify and solidify comprehension;

L) teach students to trace and evaluate the argument and specific claims in a text and to distinguish claims that are supported by reasons and evidence from claims that are not supported;

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M) teach students to analyze the organizational structure of texts (e.g., sequentially, causally, comparatively), and how specific sentences, paragraphs and larger portions of the text relate to each other and the whole; and

N) teach students to recognize features of text common to individual disciplines.

3) Writing Effective elementary teachers:

A) provide opportunities for students to write for authentic purposes in multiple forms and genres to demonstrate the power and importance of writing throughout their lives;

B) engage students in using writing to develop an understanding of content area concepts and skills;

C) provide feedback to written work to guide students' revisions;

D) provide instruction in producing coherent and clear writing with organization, development, substance and style appropriate to the task, purpose and audience;

E) provide instruction in creating a text that introduces an opinion on a topic, supports the opinion with information and reasons based on facts and details, uses appropriate transitional devices and concludes with a statement supporting the opinion;

F) provide instruction in creating an informative and explanatory text that introduces a topic supported by logically ordered facts, definitions, details, examples, quotations and other types of information; uses precise language, academic vocabulary and appropriate transitional devices; and concludes with a statement related to the topic;

G) provide instruction in creating a narrative text based on real or imagined experiences or events that introduces a narrator and/or characters; uses dialogue, description and pacing to develop and organize a sequence of events; uses concrete words, phrases,

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sensory details and transitional devices; and uses a conclusion that follows from the experiences or events;

H) provide instruction in writing arguments to support claims in an analysis of substantive topics or texts using valid reasoning and relevant and sufficient evidence;

I) teach students to conduct research projects using evidence drawn from multiple sources, including how to select and develop topics; gather information from a variety of sources, including the Internet; synthesize information; and paraphrase, summarize and quote/cite sources;

J) provide instruction in the conventions of standard English grammar and usage (e.g., irregular plural nouns, past tense of irregular verbs, subject-verb agreement, pronoun-antecedent agreement, conjunctions, prepositions, interjections, perfect verb tenses);

K) provide instruction in the conventions of standard English capitalization, punctuation and spelling;

L) provide instruction in using technology to produce and publish writing and to interact and collaborate with others; and

M) use "conferencing" to motivate and scaffold students' development throughout the writing process.

4) Speaking and Listening Effective elementary teachers:

A) engage students in a variety of oral language activities, including whole and small group collaborative discussion, asking questions, reporting on a topic and recounting experiences;

B) teach students to listen actively and critically in order to understand, evaluate and respond to a speaker's message;

C) instruct students in presenting ideas and information using facts and relevant details to support main ideas and using presentation

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software, media and visual displays appropriate to the purpose and audience; and

D) provide instruction in the conventions of standard English grammar and usage.

5) Vocabulary Effective elementary teachers:

A) for the instructional focus, select appropriate words central to the meaning of the text and likely to be unknown, academic vocabulary, meaning families and word relationships;

B) introduce students to forms of language that enhance vocabulary and understanding of language (e.g., idioms, figurative language, poetic devices, synonyms, antonyms, homonyms, adages, proverbs);

C) introduce word-solving strategies for clarifying the meaning of unknown words, including contextual analysis, structural analysis and the use of reference materials;

D) plan lessons that promote oral and written language development and the use of newly acquired vocabulary across disciplines;

E) understand and implement the forms and functions of academic language to help students develop and express content understandings;

F) utilize authentic text to help students develop word consciousness; and

G) actively engage students in using a wide variety of strategies for developing and expanding vocabularies. d) Using Materials, Texts and Technology Effective elementary teachers:

1) use a wide range of high-quality literature and informational texts;

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2) select literature and informational texts that address the interests, backgrounds and learning needs of each student;

3) use research-based criteria for selecting and evaluating instructional materials for use in teaching English language arts;

4) estimate the difficulty level of text using readability measures and qualitative factors and make text accessible to students;

5) use culturally responsive texts to promote students' understanding of their lives and society; and

6) use a variety of technology to support literacy instruction (e.g., computers, cameras, interactive websites, blogs, online research). e) Monitoring Student Learning through Assessment Effective elementary teachers:

1) use a variety of developmentally appropriate literacy assessments, including standardized assessments, diagnostic tools, universal screening, curriculum-based assessments and progress monitoring tools;

2) monitor student progress in meeting developmental benchmarks in literacy;

3) assess students' interest, engagement and response to instruction to guide teaching;

4) use assessment data, student work samples and observations from continuous monitoring of student progress to plan and evaluate literacy instruction;

5) provide feedback to students on their work to help them understand their own progress and how to improve performance;

6) communicate results of assessments appropriately;

7) engage students in self-assessment;

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8) recognize how to maintain and use accurate records of students' performance and progress in meeting literacy standards; and

9) interpret and use assessment data to analyze individual, group and classroom literacy performance and progress. f) Meeting the Needs of Diverse Learners Effective elementary teachers:

1) understand the impact of cultural, linguistic, cognitive, academic, physical, social and emotional differences on language development and literacy;

2) plan and implement targeted literacy instruction that is responsive to the strengths and needs of each student (i.e., English language learners, struggling learners, gifted learners) to ensure high rates of success;

3) seek appropriate assistance and support for struggling readers and writers;

4) collaborate and plan with other professionals to deliver a consistent, sequenced and supportive instructional program for each student;

5) differentiate strategies, materials, pace, levels of text and language complexity to introduce concepts and skills to meet the diverse learning needs of each student;

6) make content accessible in appropriate ways to English language learners;

7) deliver literacy instruction within a multi-tier system of support in order to meet the needs of all students;

8) use data-based decision making to target interventions to the needs of struggling readers; and

9) deliver instruction explicitly to struggling readers (i.e., modeling, prompting, guided practice, response and corrective feedback). g) Constructing a Supportive Language and Literacy Environment Effective elementary teachers:

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1) understand motivation and engagement and the use of the "gradual release of responsibility" approach to design learning experiences that build student self-direction and ownership of literacy learning;

2) establish classroom routines that promote independence, self-direction, collaboration and responsibility for literacy learning;

3) use a strategic combination of flexible groupings (individual, group and whole class) to meet the learning needs of each student efficiently and effectively;

4) incorporate student choices in determining reading and writing materials and activities; and

5) build collaborative classroom communities that support and engage all students in reading, writing, listening, speaking, viewing and visually representing.

Section 20.120 Mathematics Standards for Elementary Teachers

a) Core Content Area Knowledge

1) College Algebra Effective elementary teachers:

A) identify, solve and apply linear and absolute value equations and inequalities;

B) identify and interpret the domain, inverse (if it exists) and graph polynomial, rational, exponential and logarithmic equations;

C) identify the sum, difference, quotient, product of two functions and the resulting domain;

D) identify the composition of two functions and the resulting domain;

E) identify and solve polynomial, rational, exponential and logarithmic equations and inequalities, and apply these methods in solving word problems;

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F) solve systems of linear equations using the augmented matrix method;

G) recognize and graph conic sections; and

H) input and interpret data and use technology to find the appropriate regression.

2) Statistics Effective elementary teachers:

A) construct, identify and interpret frequency distributions, histograms, cumulative frequency tables, ogives and box plots;

B) identify, calculate and interpret measures of central tendency and dispersion;

C) identify, calculate and apply the methods of counting;

D) identify, calculate and interpret probabilities and expected value;

E) define random variables as well as analyze and interpret the probability distributions they generate;

F) identify and describe the sampling distribution of sample means and sample proportions;

G) create and interpret confidence intervals for single population means and proportions;

H) identify, analyze and perform formal tests of hypotheses concerning single population means and single population proportions; and

I) identify, calculate and interpret the correlation coefficient and regression equations. b) The Mathematics Curriculum Effective elementary teachers:

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1) understand the Illinois Learning Standards for Mathematics (see 23 Ill. Adm. Code 1.Appendix D), their organization, progressions and the interconnections among the domains; and

2) know the developmental sequence of mathematics skills, along with age- level or grade-level benchmarks of development. c) Foundational Knowledge

1) Standards for Mathematical Practice Effective elementary teachers enable students to acquire the skills necessary for strong mathematical practice in that they are able to:

A) make sense of problems and persevere in solving them;

B) reason abstractly and quantitatively;

C) construct viable arguments and critique the reasoning of others;

D) model with mathematics;

E) use appropriate tools strategically;

F) attend to precision;

G) look for and make use of structure; and

H) look for and express regularity in repeated reasoning.

2) Counting and Cardinality Elementary teachers are prepared to develop student proficiency and address common misconceptions related to counting and cardinality and:

A) Demonstrate an understanding of the intricacy of learning to count, assisting students to:

i) know the names of numbers and orally present them in order, starting from the numeral 1 and from various other numbers; being able to recognize written numerals and the

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quantity each represents; and knowing the names of numbers, starting with eleven, with special attention paid to helping students understand the differences between numbers ending in "teen" and those ending in "ty";

ii) count the number of objects using one-to-one correspondence, regardless of the way in which the object is arranged, and understand cardinality (connecting number name to quantity, the last number of the count, and nesting of numbers) to counting out a given number of objects; and

iii) compare numbers by matching quantity represented with objects or pictures or written numerals; and

B) recognize the role of ten and the difficulties English language learners face because the base-ten structure is not evident in all of the English words for numbers.

3) Operations and Algebraic Thinking Elementary teachers are prepared to develop student proficiency and address common misconceptions related to operations and algebraic thinking and:

A) solve addition, subtraction, multiplication and division problems with unknowns in any position;

B) demonstrate an understanding of addition and subtraction relationships and multiplication and division relationships, including the use of properties of operations (i.e., the field axioms);

C) demonstrate an understanding of the equal sign as meaning "the same amount as" rather than "calculate the answer";

D) demonstrate an understanding of the meaning of 0 and why division by 0 leads to an undefined answer;

E) understand and apply the meaning and uses of remainders, factors, multiples, parentheses and prime and composite numbers;

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F) recognize the following strategies when using the operations of addition and subtraction: counting all, counting on and converting to an easier problem by composing or decomposing ten;

G) recognize extensions of the strategies enumerated in subsection (c)(3)(F) of this Section in multiplication, division and beginning work in expressions and equations;

H) strategically use algebraic tools, such as tape diagrams, number lines, bar models, math racks and double number lines;

I) extend understanding of arithmetic and operations to algebraic expressions and equations, and solve one-step and two-step equations and inequalities; and

J) view numerical and algebraic expressions as "calculation recipes", describing them in words, parsing them into their component parts, and interpreting the components in terms of a context.

4) Numbers and Operations in Base Ten Elementary teachers are prepared to develop student proficiency and address common misconceptions related to numbers and operations in base ten and:

A) understand how the place value system relies on repeated groupings of any fixed natural number quantity (including ten) and can demonstrate how to use oral counting, objects, drawings, layered place value cards and numerical expressions to help reveal place value structure;

B) understand how to compare numbers, fractions and decimals using the symbols for "greater than", "less than" and "equal to";

C) understand composing and decomposing numbers using the commutative, associative and distributive properties to efficiently use place value methods for addition, subtraction, multiplication and division;

D) extend place value system knowledge to decimals and view decimals as numbers that can be placed on number lines and

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explain the rationale for decimal computation methods;

E) understand and distinguish between the appropriate use of computation strategies and computation algorithms, as defined in the Illinois Learning Standards for Mathematics, recognizing the importance of "mental math" and derive various algorithms and recognize these as summaries of reasoning, rather than rules;

F) extend place value system knowledge to negative, rational and irrational numbers; and

G) use mathematical drawings, manipulative materials or mathematical properties to reveal, discuss and explain the rationale behind, as well as validate or dismiss, any computational algorithm that a student might present.

5) Number and Operations – Fractions Elementary teachers are prepared to develop student proficiency and address common misconceptions related to numbers and operations involving fractions and:

A) understand and apply fractions as numbers that can be modeled from a length perspective (number line), an area perspective (pattern blocks, geoboards, etc.), and a discrete perspective (set of dots or circles);

B) understand and apply the concept of unit fractions, benchmark fractions and the whole (referent unit) as defined in the Illinois Learning Standards for Mathematics;

C) extend the associated meanings of the properties of operations from whole numbers to fractions;

D) understand and use equivalent fractions, including those of whole numbers, to reveal new information and as a tool for comparison or to perform operational procedures;

E) understand and apply the connection between fractions and division, and demonstrate how fractions, ratios and rates are connected via unit rates;

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F) demonstrate an understanding of decimal notation for fractions, and compare decimal fractions;

G) represent ratios and equivalent ratios as an application of equivalent fractions, and solve ratio and rate problems using tables, tape diagrams, number lines and double number lines;

H) understand the connection between a proportional relationship and a linear relationship, and recognize the connection between an inversely proportional relationship and a reciprocal relationship;

I) defend the ordering of a list of fractions using common denominators, using common numerators, comparing to benchmark fractions or using reasoning; and

J) understand the connection between fractions and decimals, particularly with regard to decimal computations.

6) Measurement and Data Elementary teachers should be prepared to develop student proficiency and address common misconceptions related to measurement and data and:

A) understand and apply the general principles of measurement; that is, measurement requires a choice of measurable attribute, that measurement is a comparison with a unit and how the size of a unit affects measurements, and the iteration, additivity and invariance used in determining measurement;

B) recognize and demonstrate the relationship of different units;

C) connect the number line to measurement;

D) demonstrate an understanding of area and volume and give rationales for area and volume formulas that can be obtained by compositions and decompositions of unit squares or unit cubes;

E) use data displays to ask and answer questions about data;

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F) understand the measures used to summarize data, including the mean, median, interquartile range and mean absolute deviation, and use these measures to compare data sets;

G) examine the distinction between categorical and numerical data and reason about data displays; and

H) recognize the connection of categorical and measurement data to statistical variability and distributions.

7) Geometry Elementary teachers should be prepared to develop student proficiency and address common misconceptions related to geometry and:

A) compose and decompose shapes and classify shapes into categories, and justify the relationships within and between the categories;

B) understand geometric concepts of angle, parallel and perpendicular, and use them to describe and define shapes;

C) describe and reason about spatial locations (including the coordinate plane);

D) reason about proportional relationships in scaling shapes up and down;

E) describe the connections (relationships) between geometric properties and arithmetic and algebraic properties, and adapt a problem in one domain to be solved in the other domain;

F) summarize and illustrate the progression from visual to descriptive to analytic to abstract characterizations of shapes; and

G) use the coordinate plane to graph shapes and solve problems. d) Using High-Leverage Instructional Practices Effective elementary teachers:

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1) choose and use mathematical tasks that entail complex mathematical work, build basic skills and allow for multiple answers or methods;

2) teach and use the content-specific language of mathematics;

3) lead whole-class math discussions (e.g., number talks) that engage all learners;

4) respond productively to students' "errors" by probing the underlying thinking and providing targeted feedback;

5) appraise, choose and modify tasks and texts for a specific learning goal;

6) use specific mathematically focused positive reinforcement;

7) use public recording (posters, whiteboard) to collect and probe mathematical thinking (e.g., demonstrating multiple answers and methods; exploring when an algorithm may be the best solution and when another approach may provide an easier solution);

8) diagnose common (and not so common) patterns of student thinking; and

9) assess students' mathematical proficiency and teach responsively. e) Using Materials, Tools and Technology Effective elementary teachers:

1) apply mathematical content and pedagogical knowledge to select and use instructional tools, such as manipulatives and physical models, drawings, virtual environments, spreadsheets, presentation tools, websites and mathematics-specific technologies (e.g., graphing tools and interactive geometry software), recognizing both the insight to be gained and any limitations;

2) empower students to make sound decisions about the appropriate use of mathematical tools;

3) when making mathematical models, recognize that technology can enable one to visualize the results of varying assumptions, explore consequences, examine characteristics and compare predictions with data;

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4) select mathematical examples that address the interests, backgrounds and learning needs of each student; and

5) evaluate curricular materials for appropriate level and depth of content, focus on and relevance to required learning goals, and incorporation of the Illinois Learning Standards for Mathematics. f) Monitoring Student Learning through Assessment Effective elementary teachers:

1) engage in purposeful classroom assessment aligned to appropriate learning expectations for every student and monitor student progress in meeting developmental benchmarks in mathematics;

2) provide a variety of well-designed one-step, two-step and complex multi- step assessment items and performance tasks, incorporating real-life situations to allow students to demonstrate their learning;

3) ensure that assessments are responsive to, and respectful of, cultural and linguistic diversity and exceptionalities, and are not influenced by factors unrelated to the intended purposes of the assessment;

4) guide students in developing the skills and strategies to assess their work and set appropriately ambitious goals for their progress as mathematicians;

5) analyze student work to determine misunderstandings, misconceptions, predispositions and newly developing understandings, and use the results of this analysis to guide instruction and provide meaningful feedback; and

6) communicate the purposes, uses and results of assessments appropriately and accurately to students, parents and colleagues. g) Meeting the Needs of Diverse Learners Effective elementary teachers:

1) understand the impact of cultural, linguistic, cognitive, academic, physical, social and emotional differences on mathematics development and progression of knowledge;

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2) plan and implement mathematics instruction that capitalizes on strengths and is responsive to the needs of each student;

3) use a variety of approaches and classroom-based intervention strategies to respond to the needs of struggling and/or advanced learners;

4) seek appropriate assistance and support for struggling and/or advanced learners;

5) collaborate and plan with other professionals to deliver a consistent, sequenced and supportive instructional program for each student;

6) differentiate strategies, materials, pace and levels of cognitive complexity to introduce concepts and skills to meet the learning needs of each student; and

7) make content accessible in appropriate ways to English language learners and students with exceptionalities. h) Constructing a Supportive Mathematics Environment Effective elementary teachers:

1) create an environment that empowers every student to engage in the practice set forth in subsection (c)(1) of this Section;

2) motivate and engage students by designing learning experiences that build self-direction, perseverance and ownership of mathematics;

3) guide students to work productively and collaboratively with each other to achieve mathematics learning goals by using a strategic combination of individual, group and whole-class instruction to meet the learning needs of each student efficiently and effectively;

4) provide tools that are accessible and developmentally appropriate;

5) establish norms and routines for classroom discourse that allow for the respectful analysis of mistakes and the use of mathematical reasoning for mindful critique and argument; and

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6) create opportunities and expectations that all students use appropriate written and oral mathematical language, including English language learners and students with exceptionalities.

i) Professionalism, Communication and Collaboration Effective elementary teachers:

1) continually engage in intensive, ongoing professional growth opportunities that serve to increase mathematical knowledge for teaching, such as lesson study or continuing coursework;

2) analyze instruction for the purpose of self-reflection and making improvements and make use of strategies such as journal writing, video self-analysis and peer observation;

3) communicate and collaborate with other professionals, such as within a professional learning community, to plan teaching, discuss student needs, secure special services for students and manage school policies; and

4) communicate and collaborate with families to support student needs and discuss student progress.

Section 20.130 Dispositions

Elementary education teachers are committed to building the capacity of every student to reach his or her highest potential as a learner. The development of the learner is shaped by not only the content and pedagogical knowledge of the teacher but also by the professional and technical dispositions that are consistently exhibited. Effective elementary teachers:

a) value and promote the importance of math, science, literacy and the social studies, and demonstrate how these content areas interrelate with all areas of educational content currently and in the future;

b) exhibit high levels of self-efficacy related to core content areas of math, science and literacy, and seek to develop beliefs of self-efficacy in their students;

c) demonstrate the ability to be thoughtful and responsive listeners and observers;

d) demonstrate the ability to persevere, appropriately seeking out resources and support when presented with personal or professional challenges; and

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e) embody the Code of Ethics for Illinois Educators (23 Ill. Adm. Code 22) and the Standards for All Illinois Teachers (23 Ill. Adm. Code 24), as applicable to the educator, in the learning environment.

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1) Heading of the Part: Standards for Endorsements in the Middle Grades

2) Code Citation: 23 Ill. Adm. Code 21

3) Section Numbers: Adopted Action: 21.10 New Section 21.100 New Section 21.120 New Section 21.130 New Section 21.140 New Section 21.150 New Section

4) Statutory Authority: 105 ILCS 5/2-3.6

5) Effective Date of Rules: October 2, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? Yes; see Section 21.100.

8) A copy of the adopted rules, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: April 12, 2013; 37 Ill. Reg. 4633

10) Has JCAR issued a Statement of Objection to these rules? No

11) Differences between Proposal and Final Version: Section 21.10(a)(3) was modified to require that community colleges and institutions of higher education with middle grade preparation programs work "in consultation with" each other, rather than requiring that a partnership be formed.

Section 21.10(c), which required application of the Literacy Standards for All Teachers of Middle Grades for special preK-12 and K-12 endorsements, was removed from the rulemaking.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? Yes

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13) Will this rulemaking replace any emergency rulemaking currently in effect? No

14) Are there any other proposed rulemakings pending on this Part? No

15) Summary and Purpose of the Rules: The incorporation into the Illinois Learning Standards of the Common Core State Standards in English Language Arts and Literacy in History/Social Studies, Science, and Technical Subjects, and the Common Core State Standards in Mathematics represents potential for a shift toward college and career readiness in the preparation of students in kindergarten through grade 12 (K-12). As such the State Board of Education has proposed Standards for Endorsements in the Middle Grades (23 Ill. Adm. Code 21) to realize this potential through the integration of the Common Core State Standards (CCSS) into teacher preparation standards used for program approval and content-area examinations so as to embody the content and pedagogical knowledge necessary to work with children in these specific grade/age bands.

The proposed standards address the preparation of teachers working with students in the middle grades (defined as grades 5 through 8). Recognizing that the academic and social- emotional developmental needs of students in the middle grades as different from those of students in the elementary grades or high school, the standards set forth in the proposed rules create a separate endorsement that allows for the focused preparation of a teaching force attuned to the distinct needs of this student group. The need for this shift in preparation philosophy is well documented and supported by the Association for Childhood Education International (ACEI) and the Association for Middle Level Education (AMLE). Currently, the standards in the grade band address only literacy and math; however, it is the intent that standards specific to other core subject areas, such as science and the social sciences, will be added once those standards are developed.

The standards set forth in the proposed rules reflect the input and deliberations conducted over the past two years of stakeholders from across the state. These stakeholders, representing higher education, K-12 practitioners, policymakers, and professional organizations, have proposed grade-range-specific standards aligned to the CCSS and embodying the Illinois Professional Teaching Standards, which are set forth in Part 24 (Standards for All Illinois Teachers). The standards in math and literacy are aligned to what teachers need to know and be able to do in order to prepare students to be college and career ready.

16) Information and questions regarding these adopted rules shall be directed to:

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Kellee Sullivan, Division Administrator Educator Licensure Illinois State Board of Education 100 North First Street, E-310 Springfield, Illinois 62777

217/557-6763

The full text of the Adopted Rules begins on the next page:

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TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER b: PERSONNEL

PART 21 STANDARDS FOR ENDORSEMENTS IN THE MIDDLE GRADES

SUBPART A: GENERAL

Section 21.10 Purpose and Effective Dates of Standards

SUBPART B: STANDARDS FOR ALL TEACHERS IN THE MIDDLE GRADES

21.100 General Standards 21.120 Literacy Standards for All Teachers in the Middle Grades 21.130 Dispositions

SUBPART C: STANDARDS FOR LITERACY TEACHERS

21.140 English Language Arts Standards for Literacy Teachers in the Middle Grades

SUBPART D: STANDARDS FOR MATHEMATICS TEACHERS

21.150 Mathematics Standards for Mathematics Teachers in the Middle Grades

AUTHORITY: Implementing Article 21B and authorized by Section 2-3.6 of the School Code [105 ILCS 5/Art. 21B and 2-3.6].

SOURCE: Adopted at 37 Ill. Reg. 16691, effective October 2, 2013.

SUBPART A: GENERAL

Section 21.10 Purpose and Effective Dates of Standards

a) This Part establishes the standards that, together with the standards set forth in Standards for All Illinois Teachers (23 Ill. Adm. Code 24), shall apply to the issuance of endorsements in the middle grades (i.e., grades 5 through 8) on

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professional educator licenses pursuant to Article 21B of the School Code [105 ILCS 5/Art. 21B]. The standards set forth in this Part shall apply both to candidates for endorsements in middle grades and to the programs that prepare them. That is:

1) beginning July 1, 2013, approval of any teacher preparation program or course of study in middle grades, whether currently approved or newly proposed, pursuant to the State Board's rules for Educator Licensure (23 Ill. Adm. Code 25, Subpart C) shall be based on the congruence of that program's or course's content with the standards identified in this Part;

2) on or before February 1, 2018, the examinations required for issuance of an endorsement in middle grades shall be based on the standards identified in this Part; and

3) on or before February 1, 2018, each middle grades program seeking approval shall work in consultation with one or more community colleges to ensure the articulation of coursework between the two institutions and, as applicable, the alignment of community college coursework relevant to middle grades education to the standards set forth in this Part.

b) In addition to demonstrating congruence with the standards set forth in this Part, each program or course of study in the middle grades shall meet the requirements set forth in 23 Ill. Adm. Code 25.99 (Endorsement for Middle Grades (Grades 5 through 8)).

SUBPART B: STANDARDS FOR ALL TEACHERS IN THE MIDDLE GRADES

Section 21.100 General Standards

Effective teachers in the middle grades possess the knowledge and skills articulated in the "Middle Level Teacher Preparation Standards" (2012) published by the Association for Middle Level Education, 4151 Executive Parkway, Suite 300, Westerville OH 43081and posted at http://www.amle.org/ProfessionalPreparation/AMLEStandards/tabid/374/Default.aspx. (No later amendments to or editions of these standards are incorporated.)

Section 21.120 Literacy Standards for All Teachers in the Middle Grades

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Each teacher in the middle grades shall possess the knowledge and skills articulated in this Section.

a) The Disciplinary Literacy Curriculum Effective middle grade teachers:

1) understand and use the scientific basis of teaching to plan, evaluate and modify instruction (e.g., use of appropriate research in identifying and implementing effective instructional practices);

2) know the developmental sequence of language and literacy skills, along with age-level or grade-level benchmarks of development, particularly for adolescent learners;

3) understand the Illinois Learning Standards for English Language Arts and Literacy in History/Social Studies, Science and Technical Subjects (23 Ill. Adm. Code 1.Appendix D, State Goals for Learning), their organization, progressions and the interconnections among the skills;

4) understand the role of systematic and explicit teaching of literacy skills; and

5) understand the influence of students' literacy skills on their performance on discipline-specific assessments.

b) Foundational Knowledge

1) Language Effective middle grade teachers understand:

A) the nature and communicative role of various features of language, including semantics, syntax, morphology and pragmatics;

B) major theories and stages of first and second literacy acquisition and the role of native language in learning to read and write in a second language;

C) language, reading and writing development across the middle school years using supporting evidence from theory and research;

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D) the role of academic language in developing students' understanding of concepts, content, skills and processes; and

E) conventions of standard English grammar and usage (e.g., irregular plural nouns, past tense of irregular verbs, subject-verb agreement, pronoun-antecedent agreement, conjunctions, prepositions, interjections, perfect verb tenses).

2) Text Effective middle grade teachers understand:

A) the quantitative, qualitative and individual factors that affect text complexity, including how to estimate text readability;

B) the organizational structures, literary devices, rhetorical features, text features and graphics commonly used in literary and informational texts;

C) the characteristics of various genre or forms of literary and informational text; and

D) the role, perspective and purpose of text in specific disciplines. c) Using Research-Based Instructional Approaches

1) Reading Comprehension Effective middle grade teachers:

A) select high-quality texts that match student needs and educational goals;

B) identify disciplinary text features that may impede comprehension (e.g., author's assumption of prior knowledge, use of unusual key vocabulary, complexity of sentences, unclear cohesive links, subtlety of relationships among characters or ideas, sophistication of tone, complexity of text structure, use of literary devices or data);

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C) scaffold reading to enable students to understand and learn from challenging text (e.g., re-reading, pre-teaching of vocabulary or key information not provided in the text);

D) introduce texts efficiently providing a clear purpose for reading and refrain from revealing information that students can learn from reading the text;

E) guide close reading discussions that require students to identify the key ideas and details of a text, analyze the text's craft and structure (including the tone and meaning of words) and critically evaluate the text;

F) teach students to trace and evaluate the argument and specific claims in a text and to distinguish claims that are supported by reasons and evidence from those claims that are not supported;

G) provide instruction in interpreting graphic features (e.g., tables, charts, illustrations, tables of contents, captions, headings, indexes) and their relationship to text;

H) guide students to use note-taking, previewing, identification of main idea and supporting details, and review strategies to clarify and solidify comprehension;

I) ask high-level, text-dependent questions;

J) support students in analyzing the organizational structure of texts (e.g., sequentially, causally, comparatively) and in considering how specific sentences, paragraphs and larger portions of the text relate to each other and to the text as a whole;

K) assist students with recognizing features of text common to individual disciplines;

L) guide students to identify and analyze content in texts that indicates point of view, perspective, purpose, fact, opinion, speculation and audience;

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M) guide the reading of multiple texts to enable students to comparatively analyze and evaluate information and synthesize information from the texts into a coherent understanding of a topic; and

N) model and encourage the use of reading strategies to improve comprehension (e.g., predicting, purpose-setting, sequencing, connecting, visualizing, monitoring, questioning, summarizing, synthesizing, making inferences, evaluating).

2) Writing Effective middle grade teachers:

A) provide instructional support and opportunities for students to write routinely for authentic purposes in multiple forms and genres to demonstrate the power and importance of writing throughout their lives;

B) engage students in using writing to develop an understanding of content area concepts and skills;

C) support students in producing coherent and clear writing with organization, development, substance and style appropriate to the task, purpose and audience;

D) provide feedback to written work to guide students' revisions;

E) reinforce the process for writing arguments to support claims in an analysis of substantive topics or texts using valid reasoning and relevant and sufficient evidence;

F) provide instruction to students on how to create a text that introduces an opinion on a topic, supports the opinion with information and reasons based on facts and details, uses appropriate transitional devices and concludes with a statement supporting the opinion;

G) provide instructional support for creating a narrative text based on real or imagined experiences or events that introduces a narrator

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and/or characters; uses dialogue, description and pacing to develop and organize a sequence of events; uses concrete words, phrases, sensory details and transitional devices; and uses a conclusion that follows from the experiences or events;

H) facilitate the writing of informative and explanatory texts to examine and convey complex ideas and information clearly and accurately through the effective selection, organization and analysis of content;

I) instruct students in the skills necessary to conduct research projects using evidence drawn from multiple sources (including how to select and develop topics; gather information from a variety of sources, including the Internet; synthesize information; paraphrase, summarize and quote or cite sources);

J) provide support in using search terms effectively, assessing the credibility and accuracy of sources, avoiding plagiarism and following a standard format for citations;

K) facilitate the use of the conventions of standard English grammar (e.g., irregular plural nouns, past tense of irregular verbs, subject- verb agreement, pronoun-antecedent agreement, conjunctions, prepositions, interjections, perfect verb tenses); and

L) engage students in using technology to produce and publish writing and to interact and collaborate with others.

3) Speaking and Listening Effective middle grade teachers:

A) engage students in a variety of oral language activities, including whole and small group collaborative discussion, asking questions, reporting on a topic and recounting experiences;

B) teach students to present ideas and information; use facts and relevant details to support main ideas; and use presentation software, media and visual displays appropriate to the purpose and audience;

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C) support students in using conventions of standard English, eye contact, voice projection and enunciation in formal presentations; and

D) teach students to listen actively and critically in order to understand, evaluate and respond to a speaker's message.

4) Vocabulary Effective middle grade teachers:

A) for the instructional focus, select appropriate words central to the meaning of the text and likely to be unfamiliar, academic vocabulary and word relationships;

B) support the use of word-solving strategies for clarifying the meaning of unfamiliar words, including contextual analysis, structural analysis and the use of reference materials;

C) support oral and written language development and the use of newly acquired vocabulary across disciplines;

D) understand and implement the forms and functions of academic language to help students develop and express content understandings;

E) utilize authentic text to help students develop word consciousness; and

F) actively engage students in using a wide variety of strategies for developing and expanding vocabularies. d) Using Materials, Texts and Technology Effective middle grade teachers:

1) use a wide range of high-quality literature and informational texts, including primary sources;

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2) select literature and informational texts that address the interests, backgrounds and learning needs of each student;

3) estimate the difficulty level of text using readability measures and qualitative factors, and make text accessible to students;

4) use culturally responsive texts to promote students' understanding of their lives and society;

5) use a variety of technologies to support disciplinary literacy instruction (e.g., computers, cameras, interactive websites, blogs, online research); and

6) use techniques for helping students navigate online sources, including the importance of critically evaluating the information available online by addressing sources, audience and purpose. e) Monitoring Student Learning through Assessment Effective middle grade teachers:

1) assess students' interest, engagement and response to instruction to guide teaching;

2) use assessment data, student work samples and observations from continuous monitoring of student progress to plan and evaluate disciplinary literacy instruction;

3) provide feedback to students on their work to help them understand their own progress and how to improve performance;

4) communicate results of assessments appropriately;

5) engage students in self-assessment; and

6) recognize how to maintain and use accurate records of students' performance and progress in meeting disciplinary literacy standards. f) Meeting the Needs of Diverse Learners Effective middle grade teachers:

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1) understand the impact of cultural, linguistic, cognitive, academic, physical, social and emotional differences on language development and literacy;

2) seek appropriate assistance and support for struggling readers and writers;

3) collaborate and plan with other professionals to deliver a consistent, sequenced and supportive instructional program for each student;

4) differentiate strategies, materials, pace, levels of text and language complexity to introduce concepts and skills to meet the diverse learning needs of each student; and

5) make content accessible in appropriate ways to English language learners.

g) Constructing a Supportive Language and Literacy Environment Effective middle grade teachers:

1) understand motivation and engagement and the use of the "gradual release of responsibility approach" to design learning experiences that build student self-direction and ownership of literacy learning;

2) establish classroom routines that promote independence, self-direction, collaboration and responsibility for disciplinary literacy learning;

3) incorporate student choices in determining reading and writing materials and activities; and

4) build collaborative classroom communities that support and engage all students in reading, writing, listening, speaking, viewing and visually representing their thoughts and ideas.

Section 21.130 Dispositions

Teachers in the middle grades are committed to building the capacity of every student to reach his or her highest potential as a learner. The development of the learner is shaped by not only the content and pedagogical knowledge of the teacher but also by the professional and technical dispositions that are consistently exhibited. Effective middle grade teachers:

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a) value and promote the importance of interdisciplinary content that is part of the middle school concept and demonstrate how these content areas interrelate with all areas of educational content currently and in the future;

b) exhibit high levels of self-efficacy related to their applicable core content area of instruction, and seek to develop beliefs of self-efficacy in their students;

c) demonstrate the ability to be thoughtful and responsive listeners and observers;

d) demonstrate the ability to persevere, appropriately seeking out resources and support when presented with personal or professional challenges; and

e) embody the Code of Ethics for Illinois Educators (23 Ill. Adm. Code 22) and the Standards for All Illinois Teachers (23 Ill. Adm. Code 24), as applicable to the educator, in the learning environment.

SUBPART C: STANDARDS FOR LITERACY TEACHERS

Section 21.140 English Language Arts Standards for Literacy Teachers in the Middle Grades

In addition to the standards set forth in Subpart B of this Part, each literacy teacher in the middle grades shall possess the knowledge and skills articulated in this Section.

a) The Language, Literacy and Literature Curriculum Effective middle grade literacy teachers:

1) understand and use the scientific basis of teaching to plan, evaluate and modify instruction (i.e., the use of appropriate research in identifying and implementing effective instructional practices);

2) know the developmental sequence of language and literacy skills, along with age-level or grade-level benchmarks of development, particularly for adolescent learners;

3) understand the Illinois Learning Standards for English Language Arts and Literacy in History/Social Studies, Science and Technical Subjects, their organization, progressions and the interconnections among the skills;

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4) understand and evaluate the components of a comprehensive English language arts curriculum that develops students' literacy skills and strategies, and ensures that instructional goals and objectives are met;

5) understand the role of systematic and explicit teaching of literacy skills in prekindergarten through grade 12;

6) understand the influence of students' literacy skills on their performance on discipline-specific assessments;

7) understand the connections between the English language arts curriculum and developments in culture, society and education;

8) understand and use research-based instructional strategies that have been demonstrated to be particularly successful for supporting struggling readers;

9) know how adolescents read and compose texts and make meaning through interaction with media environments; and

10) understand a wide range of developmentally appropriate literacy assessments, recognizing their purposes, strengths and limitations, (e.g., standardized assessments, diagnostic measures, universal screening, curriculum-based assessments, progress monitoring). b) Foundational Knowledge

1) Language Effective middle grade literacy teachers understand:

A) language, reading and writing development across the middle school years, using supporting evidence from theory and research;

B) the nature and communicative role of various features of language, including phonology, semantics, syntax, morphology and pragmatics;

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C) major theories and stages of first and second literacy acquisition and the role of native language in learning to read and write in a second language;

D) the role of academic language in developing students' understanding of concepts, content, skills and processes;

E) the evolution of the English language and historical influences on its forms and how to integrate this knowledge into student learning;

F) conventions of standard English grammar and usage (e.g., irregular plural nouns, past tense of irregular verbs, subject-verb agreement, pronoun-antecedent agreement, conjunctions, prepositions, interjections, perfect verb tenses); and

G) the impact of language on society.

2) Alphabetic Code Effective middle grade literacy teachers understand:

A) phonological awareness (sound structure of words, including syllables, onsets and rimes, phonemes), its development (from word and syllable separations to phonic segmentation) and relationship to reading and writing proficiency;

B) the orthographic-phonological system, including sound-letter relationships, and common English spelling patterns and their relationship to pronunciation; and

C) structural analysis (e.g., syllabication, affixes, root words) for decoding unknown words.

3) Text Effective middle grade literacy teachers understand:

A) the quantitative, qualitative and individual factors that affect text complexity, including how to estimate text readability;

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B) the organizational text structures, literary devices, rhetorical features, text features and graphics commonly used in literary and informational texts;

C) the characteristics of various genre or forms of literary and informational text;

D) the role, perspective and purpose of text in specific disciplines;

E) how to analyze a modern work of literature and determine how it draws on themes, patterns or events or character types from myths, traditional stories or religious works, such as the Bible, including describing how the material is rendered new; and

F) a variety of textual and programmatic resources for addressing the needs of struggling readers, including those that are high-interest, low-readability.

4) Literature for Adolescents and Younger Adults Effective middle grade literacy teachers understand:

A) works representing a broad historical and contemporary spectrum of the United States, Britain and the world, including non-Western literature;

B) works from a variety of genres and culture, including adventure stories, historical fiction, mysteries, myths, science fiction, realistic fiction, allegories, parodies, satire and graphic novels;

C) works of poetry, including narrative poems, lyrical poems, free verse poems, sonnets, odes, ballads and epics;

D) works of one-act and multi-act plays, both in written form and on film;

E) works of literary nonfiction, including subgenres of exposition, argument and functional text in the form of personal essays, speeches, opinion pieces, essays about art or literature,

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biographies, memoirs, journalism, and historical, scientific, technical or economic accounts written for a broad audience;

F) works by female authors and authors of color; and

G) works that represent the many dimensions (e.g., philosophical, ethical, aesthetic) of human experience. c) Using Research-Based Instructional Approaches

1) Decoding and Fluency Effective middle school literacy teachers:

A) use a variety of developmentally appropriate approaches for teaching decoding (e.g., phonemes, sound-symbol relationships, spelling patterns, syllabication, structural analysis) of regular words, irregular words and multi-syllable words, in isolation and within texts; and

B) use a variety of approaches for supporting the fluent reading of text (i.e., with sufficient accuracy, rate and expression).

2) Reading Comprehension Effective middle grade literacy teachers:

A) select high-quality texts that match student needs and educational goals;

B) identify text features that may impede comprehension (e.g., author's assumption of prior knowledge, use of unusual key vocabulary, complexity of sentences, unclear cohesive links, subtlety of relationships among characters or ideas, sophistication of tone, complexity of text structure, use of literary devices or data);

C) scaffold reading to enable students to understand and learn from challenging text (e.g., re-reading, pre-teaching of vocabulary or key information not provided in the text);

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D) introduce texts efficiently, providing a clear purpose for reading (and without revealing information the students can learn from reading the text);

E) guide close reading discussions that require students to identify the key ideas and details of a text, to analyze the text's craft and structure (including the tone and meaning of words) and to critically evaluate the text;

F) teach students to recognize literary elements and devices across literary genres and forms of informational text;

G) teach students to trace and evaluate the argument and specific claims in a text and to distinguish claims that are supported by reasons and evidence from claims that are not supported;

H) provide instruction in interpreting graphic features (e.g., tables, charts, illustrations, tables of contents, captions, headings, indexes) and their relationship to text;

I) provide instruction in using note-taking, previewing, identification of main idea and supporting details, and review strategies to clarify and solidify comprehension;

J) ask high-level, text-dependent questions;

K) provide instruction in analyzing the organizational structure of texts (e.g., sequentially, causally, comparatively), and in considering how specific sentences, paragraphs and larger portions of the text relate to each other and the whole;

L) assist students with recognizing features of text common to individual disciplines;

M) provide instruction and opportunities for students to identify and analyze content in texts that indicates point of view, perspective, purpose, fact, opinion, speculation and audience;

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N) guide the reading of multiple texts to enable students to comparatively analyze and evaluate information, and to synthesize information from the texts into a coherent understanding of a topic;

O) guide the reading of multiple texts across similar themes to compare the approaches taken by the authors, and how the structures contribute to meaning and style; and

P) teach students to use reading strategies to improve comprehension (e.g., predicting, purpose setting, sequencing, connecting, visualizing, monitoring, questioning, summarizing, synthesizing, making inferences, evaluating).

3) Writing Effective middle grade literacy teachers:

A) teach students to write routinely for authentic purposes in multiple forms and genres to demonstrate the power and importance of writing throughout their lives;

B) engage students in using writing to develop an understanding of concepts and skills;

C) provide instruction in producing coherent and clear writing with organization, development, substance and style appropriate to the task, purpose and audience;

D) provide feedback to written work to guide students' revisions;

E) provide instruction in writing arguments to support claims in an analysis of substantive topics or texts using valid reasoning and relevant and sufficient evidence;

F) provide instruction in creating a text that introduces an opinion on a topic, supports the opinion with information and reasons based on facts and details, uses appropriate transitional devices and concludes with a statement supporting the opinion;

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G) provide instruction in creating a narrative text based on real or imagined experiences or events that introduces a narrator and/or characters; uses dialogue, description and pacing to develop and organize a sequence of events; uses concrete words, phrases, sensory details and transitional devices; and uses a conclusion that follows from the experiences or events;

H) provide instruction in writing informative and explanatory texts to examine and convey complex ideas and information clearly and accurately through the effective selection, organization and analysis of content;

I) teach students to conduct research projects using evidence drawn from multiple sources, including how to select and develop topics; gather information from a variety of sources, including the Internet; synthesize information; paraphrase, summarize and quote and cite sources;

J) provide instruction in conducting online searches (i.e., assessing the credibility and accuracy of sources, avoiding plagiarism and following a standard format for citations);

K) provide instruction in the conventions of standard English grammar and usage (e.g., irregular plural nouns, past tense of irregular verbs, subject-verb agreement, pronoun-antecedent agreement, conjunctions, prepositions, interjections, perfect verb tenses);

L) provide instruction in the conventions of standard English capitalization, punctuation and spelling;

M) use sentence combining as a method to provide students with opportunities to embed words, phrases and clauses in a variety of grammatically appropriate forms of sentence structures;

N) provide instruction in using technology to produce and publish writing and to interact and collaborate with others; and

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O) use "conferencing" to motivate and scaffold students' development throughout the writing process.

4) Speaking and Listening Effective middle grade literacy teachers:

A) engage students in a variety of oral language activities, including whole and small group collaborative discussion, asking questions, reporting on a topic and recounting experiences;

B) instruct students in presenting ideas and information using facts and relevant details to support main ideas and using presentation software, media and visual displays appropriate to the purpose and audience;

C) provide instruction for students in using conventions of standard English, eye contact, voice projection and enunciation in formal presentations, and when to adjust speech to a variety of contexts and tasks;

D) teach students to listen actively and critically in order to understand, evaluate and respond to a speaker's message; and

E) engage students in critical analysis of different media and communication technologies and their effects on students' learning.

5) Vocabulary Effective middle grade literacy teachers:

A) utilize authentic text to help students develop word consciousness;

B) for the instructional focus, select appropriate words central to the meaning of the text and likely to be unknown, academic vocabulary and word relationships;

C) introduce students to forms of language that enhance vocabulary and understanding of language (e.g., idioms, figurative language, poetic devices, synonyms, antonyms, homonyms, adages, proverbs);

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D) teach the use of word-solving strategies for clarifying the meaning of unknown words, including contextual analysis, structural analysis and the use of reference materials;

E) actively engage students in using a wide variety of strategies for developing and expanding vocabularies;

F) provide instruction in oral and written language development and the use of newly acquired vocabulary across disciplines; and

G) understand and implement the forms and functions of academic language to help students develop and express content understandings. d) Using Materials, Texts and Technology Effective middle grade literacy teachers:

1) use a wide range of high-quality literature and informational texts, including primary sources;

2) select literature and informational texts that address the interests, backgrounds and learning needs of each student;

3) estimate the difficulty level of text using readability measures and qualitative factors and make text accessible to students;

4) use culturally responsive texts to promote students' understanding of their lives and society;

5) use a variety of technologies to support disciplinary literacy instruction (e.g., computers, cameras, interactive websites, blogs, online research);

6) use techniques for helping students navigate online sources, including the importance of critically evaluating the information available online by addressing sources, audience, purpose and currency; and

7) use research-based criteria for selecting and evaluating instructional materials for use in the teaching of the language arts.

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e) Monitoring Student Learning through Assessment Effective middle grade literacy teachers:

1) understand and use a wide range of developmentally appropriate literacy assessments and rubrics (e.g., standardized assessments, diagnostic measures, universal screening, curriculum-based assessments and progress monitoring), recognizing their purposes, strengths and limitations;

2) monitor student progress in meeting developmental benchmarks in literacy, and maintain and use accurate records of students' progress and performance;

3) assess students' interest, engagement and response to instruction to guide teaching;

4) use assessment data, student work samples and observations from continuous monitoring of student progress to plan and evaluate literacy instruction;

5) provide feedback to students on their work to help them understand their own progress and how to improve performance;

6) communicate results of assessments appropriately;

7) engage students in self-assessment;

8) interpret and use assessment data to analyze individual, group and classroom literacy performance and progress; and

9) recognize how to maintain and use accurate records of students' performance and progress in meeting literacy standards. f) Meeting the Needs of Diverse Learners Effective middle grade literacy teachers:

1) understand the impact of cultural, linguistic, cognitive, academic, physical, social and emotional differences on language development and literacy learning;

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2) plan and implement targeted literacy instruction that is responsive to the strengths and needs of each student (e.g., English language learners, struggling learners, gifted learners) to ensure high rates of success;

3) seek and provide for appropriate assistance and support for struggling readers and writers;

4) collaborate and plan with other professionals to deliver a consistent, sequenced and supportive instructional program for each student across all areas of the curriculum;

5) differentiate strategies, materials, pace, levels of text and language complexity to introduce concepts and skills to meet the diverse learning needs of each student;

6) make content accessible in appropriate ways to English language learners;

7) use data-based decision-making to target interventions to needs of struggling readers;

8) deliver literacy instruction within a multi-tier system of support in order to meet the needs of all students; and

9) deliver instruction explicitly to struggling readers (i.e., modeling, prompting, guided practice, response, corrective feedback). g) Constructing a Supportive Language and Literacy Environment Effective middle grade literacy teachers:

1) understand motivation and engagement and the use of the "gradual release of responsibility" approach to design learning experiences that build student self-direction and ownership of literacy learning;

2) establish classroom routines that promote independence, self-direction, collaboration and responsibility for disciplinary literacy learning, and incorporate student choices in determining reading and writing materials and activities; and

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3) build collaborative classroom communities that support and engage all students in reading, writing, listening, speaking, viewing and visually representing their thoughts and ideas.

SUBPART D: STANDARDS FOR MATHEMATICS TEACHERS

Section 21.150 Mathematics Standards for Mathematics Teachers in the Middle Grades

In addition to the standards set forth in Subpart B of this Part, each mathematics teacher in the middle grades shall possess the knowledge and skills articulated in this Section.

a) Core Content Area Knowledge

1) Calculus Effective middle grade mathematics teachers:

A) demonstrate knowledge of properties and notation of real numbers, properties of exponents and radicals, factoring techniques, solving polynomial equations and operations with rational expressions;

B) on the Cartesian Plane, graph polynomial, rational and radical functions and circles, and find horizontal and vertical asymptotes, and points of intersection of curves;

C) define function, domain, range, inverse functions, operate on functions, and use functional notation;

D) define one-sided, general and at infinity limits, and evaluate them by using the properties of limits;

E) define and apply the properties of continuous functions and determine discontinuities;

F) define first-order and higher-order derivatives and evaluate them using constant power, constant multiple, product, quotient and chain rules and by implicit differentiation;

G) apply the rules of derivatives to find tangent line, slope, rate of change, velocity and acceleration, marginal analysis, increasing

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and decreasing functions, curve sketching with maxima and minima and concavity, and solving optimization problems;

H) demonstrate knowledge of properties of exponential and logarithmic functions and their derivatives;

I) demonstrate knowledge of basic anti-derivatives, explore integration using the notion of "area under the curve" to determine definite integrals and understand the "Fundamental Theorem of Calculus" as a tool to evaluate definite integrals and relate integration and differentiation; and

J) apply the above knowledge and skills to applications from natural, physical and social sciences.

2) Statistics Effective middle grade mathematics teachers:

A) construct, identify and interpret frequency distributions, histograms, cumulative frequency tables, ogives and box plots;

B) identify, calculate and interpret measures of central tendency and dispersion;

C) identify, calculate and apply the methods of counting;

D) identify, calculate and interpret probabilities and expected value;

E) define random variables and analyze and interpret the probability distributions they generate;

F) identify and describe the sampling distribution of sample means and sample proportions;

G) create and interpret confidence intervals for single population means and proportions;

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H) identify, analyze and perform formal tests of hypotheses concerning single population means and single population proportions; and

I) identify, calculate and interpret the correlation coefficient and regression equations. b) The Mathematics Curriculum Effective middle grade mathematics teachers:

1) understand the Illinois Learning Standards for Mathematics (see 23 Ill. Adm. Code 1.Appendix D), their organization, progressions and the interconnections among the domains; and

2) know the developmental sequence of mathematics skills, along with age- level or grade-level benchmarks of development. c) Foundational Knowledge

1) Standards for Mathematical Practice Effective middle grade mathematics teachers enable students to acquire the skills necessary for strong mathematical practice in that they are able to:

A) make sense of problems and persevere in solving them;

B) reason abstractly and quantitatively;

C) construct viable arguments and critique the reasoning of others;

D) model with mathematics;

E) use appropriate tools strategically;

F) attend to precision;

G) look for and make use of structure; and

H) look for and express regularity in repeated reasoning.

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2) Ratio and Proportional Relationships Effective middle grade mathematics teachers are prepared to develop student proficiency and address common misconceptions related to ratio and proportional relationships and:

A) understand and apply fractions as numbers that can be modeled from a length perspective (number line), an area perspective (pattern blocks, geoboards, etc.), and a discrete perspective (set of dots or circles);

B) understand and apply the concept of unit fractions, benchmark fractions and the whole (referent unit) as defined in the Illinois Learning Standards for Mathematics;

C) extend the associated meanings of the properties of operations from whole numbers to fractions;

D) understand and use equivalent fractions, including those of whole numbers, to reveal new information and as a tool for comparison or to perform operational procedures;

E) understand and apply the connection between fractions and division, and how fractions, ratios and rates are connected via unit rates, and solve problems and formulate equations for proportional relationships;

F) describe the relationship between fractions and terminating, periodic and delayed-periodic decimals;

G) reason about how quantities vary together in a proportional relationship, using tables, double number lines and tape diagrams as supports;

H) distinguish proportional relationships from other relationships, such as additive relationships and inversely proportional relationships; and

I) understand the connection between a proportional relationship and

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a linear relationship.

3) The Number System Effective middle grade mathematics teachers are prepared to develop student proficiency and address common misconceptions related to the number system and:

A) understand how the place value system relies on repeated groupings of any fixed natural number quantity (including ten) and can show how to use objects, drawings, layered place value cards and numerical expressions to help reveal place value structure, and extend place value system knowledge to negative, rational, irrational and real numbers;

B) efficiently use place value computation methods for addition, subtraction, multiplication and division with an understanding of composing and decomposing numbers using the commutative, associative and distributive properties, and, using multiple models, explain why rules for multiplying and dividing with negative numbers make sense;

C) derive various (multiple) algorithms and recognize these as summaries of reasoning, rather than rules, and distinguish between and understand the appropriate use of computation strategies and computation algorithms as defined in the Illinois Learning Standards for Mathematics, recognizing the importance of "mental math";

D) understand and explain methods of calculating products and quotients of fraction, by using area models, tape diagrams and double number lines, and by reading relationships of quantities from equations;

E) understand the concepts of greatest common factor, least common multiple, units, scale, origin, quantities, integer exponents, rational exponents, irrational numbers, complex numbers and radicals; and

F) understand the connections between fractions and decimals, particularly with regard to decimal computations.

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4) Expressions and Equations Effective middle grade mathematics teachers are prepared to develop student proficiency and address common misconceptions related to expressions and equations and:

A) understand operations and their associated inverses, and use properties of operations to rewrite polynomial expressions to reveal new information and to solve equations;

B) illustrate the meaning of 0 and why division by 0 leads to an undefined answer;

C) explain each step in solving an equation as following from the equality asserted at the previous step, while using the equal sign appropriately;

D) create and solve, using multiple representations, one-variable and two-variable equations and inequalities with letters representing an unknown quantity, defining constraints as necessary, and understand and illustrate what it means to be a solution of one-variable and two-variable equations and inequalities;

E) use the structure of an expression to identify ways to rewrite it, and choose and produce an equivalent form of an expression to reveal and explain properties of the quantity represented by the expression;

F) strategically use algebraic tools, such as tape diagrams, number lines, double number lines, graphing calculators and computer algebra systems, to solve problems and connect the strategy for the solution to standard algebraic techniques;

G) validate or dismiss the chains of reasoning used to solve equations and systems of equations;

H) understand proportional relationships and arithmetic sequences as special cases of linear relationships;

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I) derive and justify multiple forms for the equations of non-vertical lines; and

J) understand and apply properties of integer exponents and radicals to generate equivalent numerical expressions and solve problems.

5) Geometry Effective middle grade mathematics teachers are prepared to develop student proficiency and address common misconceptions related to geometry and:

A) compose and decompose shapes, classify shapes into categories and justify the relationships within and between the categories, and summarize and illustrate the progression from visual to descriptive to analytic to abstract characterizations of shapes;

B) use multiple models to informally explain and prove geometric theorems about angles, angle relationships, parallel and perpendicular lines, circles, parallelograms and triangles, including the Pythagorean theorem and its converse;

C) describe the connections (relationships) between geometric properties and arithmetic and algebraic properties, including proportional relationships, and adapt a problem in one domain to be solved in the other domain;

D) use the coordinate plane to reason about spatial locations, graph shapes and solve problems;

E) derive area formulas, such as the formulas for areas of triangles and parallelograms, considering the different height and base cases, including oblique cases;

F) demonstrate an understanding of dilations, translations, rotations and reflections, and combinations of these using dynamic geometry software and constructions;

G) understand congruence in terms of translations, rotations and reflections; understand similarity in terms of translations, rotations,

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reflections and dilations; solve problems involving congruence and similarity in multiple ways; and explain the criteria for triangle congruence and apply the congruence properties to prove geometric theorems and properties; and

H) understand area and volume, and give rationales for area and volume formulas that can be obtained by compositions and decompositions of unit squares or unit cubes, and solve real-world problems involving area, volume and surface area of any two- dimensional or three-dimensional shape.

6) Statistics and Probability Effective middle grade mathematics teachers are prepared to develop student proficiency and address common misconceptions related to statistics and probability and:

A) use data displays to ask and answer questions about data in real- life situations and demonstrate an understanding of measures used to summarize data, including but not limited to, shape, center, mean, median, interquartile range, mean absolute deviation, spread and standard deviation;

B) examine the distinction between categorical and numerical data, reason about data displays and recognize the connection to statistical variability and distributions;

C) develop an understanding of statistical variability and its sources, and the role of randomness in statistical inference;

D) explore and explain relationships between two variables by studying patterns in bivariate data and two-way frequency tables;

E) use technology, including calculators, spreadsheets and tables, to create scatter plots, linear models, dot plots, histograms and box plots, as well as calculate correlation coefficients of data; and

F) calculate theoretical and experimental probabilities of simple and compound events, and understand why their values may differ for a given event in a particular experimental situation.

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7) Functions Effective middle grade mathematics teachers are prepared to develop student proficiency and address common misconceptions related to functions and:

A) define and use appropriately the concepts of function, input, output, domain, range, rate of change, intercept, interval, end behavior, function notation, relative maximum and minimum, symmetry, zeros, graphical transformation, recursive formula, explicit formula, arithmetic and geometric sequence.

B) examine and reason about functional relationships represented using tables, graphs, equations and descriptions of functions in words, and translate between representations of graphs, tables, real-life situations or equations; and

C) examine the patterns of change in proportional, linear, inversely proportional, quadratic and exponential functions, and the types of real-world relationships these functions can model, and write expressions, equations and/or functions based on these patterns. d) Using High-Leverage Instructional Practices Effective middle grade mathematics teachers:

1) choose and use mathematical tasks that entail complex mathematical work, build basic skills and allow for multiple answers or methods;

2) teach and use the content-specific language of mathematics;

3) lead whole-class math discussions (e.g., math talks) that engage all learners;

4) respond productively to student "errors" by probing the underlying thinking and providing targeted feedback;

5) appraise, choose and modify tasks and texts for a specific learning goal;

6) use specific mathematically focused positive reinforcement;

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7) use public recording (e.g., posters, whiteboard) to collect and probe mathematical thinking (e.g., demonstrating multiple answers and methods; exploring when an algorithm may be the best solution and when another approach may provide a more efficient solution);

8) diagnose common (and not so common) patterns of student thinking; and

9) assess students' mathematical proficiency and teach responsively. e) Using Materials, Tools and Technology Effective middle grade mathematics teachers:

1) apply mathematical content and pedagogical knowledge to select and use instructional tools, such as manipulatives and physical models, drawings, virtual environments, spreadsheets, presentation tools, websites and mathematics-specific technologies (e.g., graphing tools, interactive geometry software), recognizing both the insight to be gained and any limitations;

2) empower students to make sound decisions about the appropriate use of mathematical tools;

3) when making mathematical models, recognize that technology can enable one to visualize the results of varying assumptions, explore consequences, examine characteristics and compare predictions with data;

4) select mathematical examples that address the interests, backgrounds and learning needs of each student; and

5) evaluate curricular materials for appropriate level and depth of content, focus on and relevance to required learning goals and incorporation of the standards set forth in subsection (c)(1) of this Section. f) Monitoring Student Learning through Assessment Effective middle grade mathematics teachers:

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1) engage in purposeful classroom assessment aligned to appropriate learning expectations for every student and monitor student progress in meeting developmental benchmarks in mathematics;

2) provide a variety of well-designed one-step, two-step, and complex multi- step assessment items and performance tasks that incorporate real-life situations, to allow students to demonstrate their learning;

3) ensure that assessments are responsive to, and respectful of, cultural and linguistic diversity and exceptionalities, and are not influenced by factors unrelated to the intended purposes of the assessment;

4) guide students in developing the skills and strategies for them to assess their work and set appropriate goals for their progress as mathematicians;

5) analyze student work to determine misunderstandings, misconceptions, predispositions and newly developing understandings, and use the results of this analysis to guide instruction and provide meaningful feedback; and

6) communicate the purposes, uses and results of assessments appropriately and accurately to students, parents and colleagues. g) Meeting the Needs of Diverse Learners Effective middle grade mathematics teachers:

1) understand the impact of cultural, linguistic, cognitive, academic, physical, social and emotional differences on mathematics development and progression of knowledge;

2) plan and implement mathematics instruction that capitalizes on strengths and is responsive to the needs of each student;

3) use a variety of approaches and classroom-based intervention strategies to respond to the needs of each student, particularly those who are struggling or advanced;

4) seek appropriate assistance and support for struggling and/or advanced learners;

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5) collaborate and plan with other professionals to deliver a consistent, sequenced and supportive instructional program for each student;

6) differentiate strategies, materials, pace and levels of cognitive complexity to introduce concepts and skills to meet the learning needs of each student; and

7) make content accessible in appropriate ways to English language learners and students with exceptionalities. h) Constructing a Supportive Mathematics Environment Effective middle grade mathematics teachers:

1) create an environment that empowers every student to engage in the practices set forth in subsection (d) of this Part;

2) motivate and engage students by designing learning experiences that build self-direction, perseverance and ownership of mathematics;

3) guide students to work productively and collaboratively with each other to achieve mathematics learning goals by using a strategic combination of individual, group and whole class instruction to meet the learning needs of each student efficiently and effectively;

4) provide tools that are accessible and developmentally appropriate;

5) establish norms and routines for classroom discourse that allow for the respectful analysis of mistakes and the use of mathematical reasoning for mindful critique and argument; and

6) create opportunities and expectations that all students, including English language learners and students with exceptionalities, use appropriate written and oral mathematical language. i) Professionalism, Communication and Collaboration Effective middle grade mathematics teachers:

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1) continually engage in intensive, ongoing professional growth opportunities that serve to increase mathematical knowledge for teaching, such as lesson study or continuing coursework;

2) use self-reflection to analyze instruction and make improvements and make use of strategies such as journal writing, video self-analysis and peer observation;

3) communicate and collaborate with other professionals, such as within a professional learning community, to plan teaching, discuss student needs, secure special services for students and manage school policies;

4) communicate and collaborate with families to support student needs and discuss student progress; and

5) maintain professional connections to improve mathematics instruction at local, State, regional and national levels.

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1) Heading of the Part: Educator Licensure

2) Code Citation: 23 Ill. Adm. Code 25

3) Section Numbers: Adopted Action: 25.97 New Section 25.99 New Section 25.100 Amendment 25.115 Amendment

4) Statutory Authority: 105 ILCS 5/2-3.6

5) Effective Date of Rulemaking: October 2, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rulemakings, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: April 12, 2013; 37 Ill. Reg. 4671

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: The introduction to Section 25.97 was changed to move the completion date of elementary education endorsement programs approved under 23 Ill. Adm. Code 26 (rather than 23 Ill. Adm. Code 20) from February 1, 2017 to September 1, 2017, and add a date by which candidates in these programs must obtain an endorsement (i.e., September 1, 2018).

The phrase "engineering, technology and application of science" was removed from Sections 25.97(b)(1) and 25.99(b)(2)(C).

Further, technical changes were made in Sections 25.100 and 25.115 to reflect amendments put in place by an intervening rulemaking, effective June 12, 2013, and published at 37 Ill. Reg. 8379 (June 28, 2013).

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12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? Yes

13) Will this rulemaking replace any emergency rulemaking currently in effect? No

14) Are there any other proposed rulemakings pending on this Part? No

15) Summary and Purpose of the Rulemakings: The incorporation into the Illinois Learning Standards of the Common Core State Standards in English Language Arts and Literacy in History/Social Studies, Science, and Technical Subjects, and the Common Core State Standards in Mathematics represents potential for a shift toward college and career readiness in the preparation of students in kindergarten through grade 12 (K-12). As such the State Board of Education has proposed Standards for Endorsements in Elementary Education (23 Ill. Adm. Code 20) and Standards for Endorsements in the Middle Grades (23 Ill. Adm. Code 21) to realize this potential through the integration of the Common Core State Standards (CCSS) into teacher preparation standards used for program approval and content-area examinations so as to embody the content and pedagogical knowledge necessary to work with children in these specific grade/age bands.

The changes proposed in Part 25 address the requirements for receipt of the elementary education and middle grades endorsements that are based on those standards. Programs that prepare teachers working with students in the elementary grades (defined as grades 1 through 6) and in the middle grades (defined as grades 5 through 8) will need to offer a program that includes at least 32 semester hours and course content as specified in the proposed rules. Other technical changes are being made to reference both the endorsements and standards, as well as to update terminology used regarding certification so that it reflects the new licensure system that took effect on July 1, 2013.

Section 25.100 is being amended to add requirements for optional gifted education endorsements. Two endorsements will be available: a gifted education teacher endorsement, which will authorize an individual to provide instruction in a gifted education program, and a gifted education specialist, which, in addition to the provision of instruction, will authorize an individual to also provide technical assistance and/or professional development about gifted education to other teachers. Teachers will not be required under the rules to obtain either endorsement in order to be assigned to a gifted education program.

16) Information and questions regarding this adopted rulemaking shall be directed to:

ILLINOIS REGISTER 16731 13 STATE BOARD OF EDUCATION

NOTICE OF ADOPTED AMENDMENTS

Kellee Sullivan, Division Administrator Educator Licensure Illinois State Board of Education 100 North First Street, E-310 Springfield, Illinois 62777

217/557-6763

The full text of the Adopted Amendments begins on the next page:

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TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER b: PERSONNEL

PART 25 EDUCATOR LICENSURE

SUBPART A: DEFINITIONS

Section 25.10 Accredited Institution

SUBPART B: LICENSES

Section 25.11 New Certificates (February 15, 2000) (Repealed) 25.15 Types of Licenses; Exchange 25.20 Requirements for the Elementary Certificate (Repealed) 25.22 Requirements for the Elementary Certificate (2004) (Repealed) 25.25 Requirements for the Professional Educator License 25.30 Endorsement in Teacher Leadership (Through December 31, 2012) 25.32 Teacher Leader Endorsement (Beginning September 1, 2012) 25.35 Acquisition of Subsequent Certificates; Removal of Deficiencies (Repealed) 25.37 Acquisition of Subsequent Teaching Endorsements on a Professional Educator License 25.40 Requirements for the Special Certificate (Repealed) 25.42 Requirements for the Special Certificate (2004) (Repealed) 25.43 Standards for Licensure of Special Education Teachers 25.45 Standards for the Initial Special Preschool-Age 12 Certificate – Speech and Language Impaired (Repealed) 25.46 Special Provisions for the Learning Behavior Specialist I Endorsement 25.47 Special Provisions for the Learning Behavior Specialist I Approval 25.48 Short-Term Emergency Approval in Special Education 25.50 General Certificate (Repealed) 25.60 Alternative Educator Licensure Program for Teachers (Beginning January 1, 2013) 25.65 Alternative Certification (Through August 31, 2013) 25.67 Alternative Route to Teacher Certification (Through August 31, 2013)

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25.70 Endorsement for Career and Technical Educator 25.72 Endorsement for Provisional Career and Technical Educator 25.75 Part-time Provisional Certificates (Repealed) 25.80 Requirements for the Early Childhood Certificate (Repealed) 25.82 Requirements for the Early Childhood Certificate (2004) (Repealed) 25.85 Special Provisions for Endorsement in Foreign Language for Individuals Currently Certified (Repealed) 25.86 Special Provisions for Endorsement in Foreign Language for Individuals Prepared as Teachers But Not Currently Certified (Repealed) 25.90 Endorsement for Transitional Bilingual Educator 25.92 Endorsement for Visiting International Educator 25.95 Language Endorsement for the Transitional Bilingual Educator 25.97 Endorsement for Elementary Education (Grades 1 through 6) 25.99 Endorsement for the Middle Grades (Grades 5 through 8) Endorsing Teaching Certificates (Repealed) 25.100 Teaching Endorsements on the Professional Educator License 25.105 Temporary Substitute Teaching Permit (Repealed)

SUBPART C: APPROVING PROGRAMS THAT PREPARE PROFESSIONAL EDUCATORS IN THE STATE OF ILLINOIS

Section 25.110 System of Approval: Levels of Approval (Repealed) 25.115 Recognition of Institutions and Educational Units, and Approval of Programs 25.120 Standards and Criteria for Institutional Recognition and Program Approval (Repealed) 25.125 Accreditation Review of the Educational Unit (Repealed) 25.127 Review of Individual Programs (Repealed) 25.130 Interventions by the State Board of Education and State Educator Preparation and Licensure Board 25.135 Interim Provisions for Continuing Accreditation and Approval – July 1, 2000, through Fall Visits of 2001 (Repealed) 25.136 Interim Provisions for Continuing Accreditation – Institutions Visited from Spring of 2002 through Spring of 2003 (Repealed) 25.137 Interim Provisions for Continuing Accreditation and Approval – July 1, 1999, through June 30, 2000 (Repealed) 25.140 Requirements for the Institution's Educational Unit Assessment Systems 25.142 Assessment Requirements for Individual Programs 25.145 Approval of New Programs Within Recognized Institutions

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25.147 Approval of Programs for Foreign Language Beginning July 1, 2003 25.150 The Periodic Review Process (Repealed) 25.155 Procedures for the Initial Recognition of an Institution as an Educator Preparation Institution and Its Educational Unit 25.160 Notification of Recommendations; Decisions by State Board of Education 25.165 Discontinuation of Programs

SUBPART D: SCHOOL SUPPORT PERSONNEL

Section 25.200 Relationship Among Endorsements in Subpart D 25.210 Requirements for the Certification of School Social Workers (Repealed) 25.215 Endorsement for School Social Workers 25.220 Requirements for the Certification of Guidance Personnel (Repealed) 25.225 Endorsement for School Counselors 25.227 Interim Approval for School Counselor Interns 25.230 Requirements for the Certification of School Psychologists (Repealed) 25.235 Endorsement for School Psychologists 25.240 Standard for School Nurse Endorsement (Repealed) 25.245 Endorsement for School Nurses 25.250 Standards for Non-Teaching Speech-Language Pathologists 25.252 Endorsement for Non-Teaching Speech-Language Pathologists 25.255 Interim Approval for Speech-Language Pathologist Interns 25.275 Renewal of the Professional Educator License Endorsed for School Support Personnel

SUBPART E: REQUIREMENTS FOR THE LICENSURE OF ADMINISTRATIVE AND SUPERVISORY STAFF

Section 25.300 Relationship Among Credentials in Subpart E 25.310 Definitions (Repealed) 25.311 Alternative Route to Superintendent Endorsement (Beginning January 1, 2013) 25.313 Alternative Route to Administrative Endorsement (Through August 31, 2013) 25.314 Alternative Route to Administrative Certification for Teacher Leaders (Repealed) 25.315 Renewal of Administrative Endorsements 25.320 Application for Approval of Program (Repealed) 25.322 General Supervisory Endorsement (Repealed) 25.330 Standards and Guide for Approved Programs (Repealed)

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25.333 General Administrative Endorsement (Repealed) 25.335 General Administrative Endorsement (Through August 31, 2014) 25.337 Principal Endorsement (2013) 25.338 Designation as Master Principal (Repealed) 25.344 Chief School Business Official Endorsement (Repealed) 25.345 Endorsement for Chief School Business Official 25.355 Superintendent Endorsement (Repealed) 25.360 Endorsement for Superintendent 25.365 Endorsement for Director of Special Education

SUBPART F: GENERAL PROVISIONS

Section 25.400 Registration of Licenses; Fees 25.405 Military Service; Licensure 25.410 Reporting Requirements for Revoked or Suspended Licenses; License Application Denials 25.411 Voluntary Removal of Endorsements 25.415 Credit in Junior College (Repealed) 25.420 Psychology Accepted as Professional Education (Repealed) 25.425 Individuals Prepared in Out-of-State Institutions 25.427 One-Year Limitation 25.430 Institutional Approval (Repealed) 25.435 School Service Personnel Certificate – Waiver of Evaluations (Repealed) 25.437 Equivalency of General Education Requirements (Repealed) 25.440 Master of Arts NCATE (Repealed) 25.442 Illinois Teacher Corps Programs (Through August 31, 2013) 25.444 Illinois Teaching Excellence Program 25.445 College Credit for High School Mathematics and Language Courses (Repealed) 25.450 Lapsed Licenses 25.455 Substitute Certificates (Repealed) 25.460 Provisional Special and Provisional High School Certificates (Repealed) 25.464 Short-Term Authorization for Positions Otherwise Unfilled (Repealed) 25.465 Credit (Repealed) 25.470 Meaning of Experience on Administrative Certificates (Repealed) 25.475 Renewal Requirements for Holders of Multiple Types of Endorsements on a Professional Educator License 25.480 Supplemental Documentation and Review of Certain License Applications 25.485 Licensure of Persons with Prior Certificate or License Sanctions

ILLINOIS REGISTER 16736 13 STATE BOARD OF EDUCATION

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25.486 Licensure of Persons Who Are Delinquent in the Payment of Child Support 25.487 Licensure of Persons with Illinois Tax Noncompliance 25.488 Licensure of Persons Named in Reports of Child Abuse or Neglect 25.489 Licensure of Persons Who Are in Default on Student Loans 25.490 Licensure of Persons Who Have Been Convicted of a Crime 25.491 Licensure of Persons with Unsatisfactory Performance Evaluation Ratings 25.493 Part-Time Teaching Interns (Repealed) 25.495 Approval of Out-of-State Institutions and Programs (Repealed) 25.497 Supervisory Endorsements

SUBPART G: PARAPROFESSIONALS; OTHER PERSONNEL

Section 25.510 Endorsement for Paraprofessional Educators 25.520 Other Noncertificated Personnel (Repealed) 25.530 Specialized Instruction by Noncertificated Personnel (Repealed) 25.540 Approved Teacher Aide Programs (Repealed) 25.550 Approval of Educational Interpreters

SUBPART H: CLINICAL EXPERIENCES

Section 25.610 Definitions 25.620 Student Teaching 25.630 Pay for Student Teaching (Repealed)

SUBPART I: ILLINOIS LICENSURE TESTING SYSTEM

Section 25.705 Purpose – Severability 25.710 Definitions 25.715 Test Validation 25.717 Test Equivalence 25.720 Applicability of Testing Requirement and Scores 25.725 Applicability of Scores (Repealed) 25.728 Use of Test Results by Institutions of Higher Education 25.730 Registration − Paper-and-Pencil Testing 25.731 Registration − Computer-Based Testing

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25.732 Late Registration 25.733 Emergency Registration 25.735 Frequency and Location of Tests 25.740 Accommodation of Persons with Special Needs 25.745 Special Test Dates 25.750 Conditions of Testing 25.755 Cancellation of Scores; Voiding of Scores 25.760 Passing Score 25.765 Individual Test Score Reports 25.770 Re-scoring 25.775 Institution Test Score Reports 25.780 Fees

SUBPART J: RENEWAL OF PROFESSIONAL EDUCATOR LICENSES ENDORSED IN A TEACHING FIELD

Section 25.800 Professional Development Required 25.805 Continuing Professional Development Options 25.807 Additional Specifications Related to Professional Development Activities of Special Education Teachers 25.810 State Priorities 25.815 Submission and Review of the Plan (Repealed) 25.820 Requirements for Coursework on the Assessment of One's Own Performance 25.825 Requirements for Coursework Related to the National Board for Professional Teaching Standards (NBPTS) 25.830 Statement of Assurance for Renewal of Licenses 25.832 Validity and Renewal of NBPTS Master Teacher Designation 25.835 Review of and Recommendation Regarding Statement of Assurance for Renewal 25.840 Action by State Educator Preparation and Licensure Board; Appeals 25.845 Responsibilities of School Districts 25.848 General Responsibilities of LPDCs 25.850 General Responsibilities of Regional Superintendents 25.855 Approval of Illinois Providers 25.860 Out-of-State Providers 25.865 Awarding of Credit for Activities with Providers 25.870 Continuing Education Units (CEUs) (Repealed) 25.872 Special Provisions for Interactive, Electronically Delivered Continuing Professional Development

ILLINOIS REGISTER 16738 13 STATE BOARD OF EDUCATION

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25.875 Continuing Professional Development Units (CPDUs) 25.880 "Valid and Exempt" Licenses; Proportionate Reduction; Part-Time Teaching 25.885 Funding; Expenses (Repealed)

SUBPART K: REQUIREMENTS FOR RECEIPT OF THE STANDARD TEACHING CERTIFICATE

Section 25.900 Applicability of Requirements in this Subpart (Repealed) 25.905 Choices Available to Holders of Initial Certificates (Repealed) 25.910 Requirements for Induction and Mentoring (Repealed) 25.915 Requirements for Coursework on the Assessment of One's Own Performance (Repealed) 25.920 Requirements for Coursework Related to the National Board for Professional Teaching Standards (NBPTS) (Repealed) 25.925 Requirements Related to Advanced Degrees and Related Coursework (Repealed) 25.930 Requirements for Continuing Professional Development Units (CPDUs) (Repealed) 25.935 Additional Activities for Which CPDUs May Be Earned (Repealed) 25.940 Examination (Repealed) 25.942 Requirements for Additional Options (Repealed) 25.945 Procedural Requirements (Repealed)

25.APPENDIX A Statistical Test Equating – Licensure Testing System 25.APPENDIX B Certificates Available Effective February 15, 2000 (Repealed) 25.APPENDIX C Exchange of Certificates for Licenses (July 1, 2013) 25.APPENDIX D Criteria for Identification of Teachers as "Highly Qualified" in Various Circumstances 25.APPENDIX E Endorsement Structure Beginning July 1, 2013

AUTHORITY: Implementing Articles 21 and 21B and Section 14C-8 and authorized by Section 2-3.6 of the School Code [105 ILCS 5/Art. 21, Art. 21B, 14C-8, and 2-3.6].

SOURCE: Rules and Regulations to Govern the Certification of Teachers adopted September 15, 1977; amended at 4 Ill. Reg. 28, p. 336, effective July 16, 1982; amended at 7 Ill. Reg. 5429, effective April 11, 1983; codified at 8 Ill. Reg. 1441; amended at 9 Ill. Reg. 1046, effective January 16, 1985; amended at 10 Ill. Reg. 12578, effective July 8, 1986; amended at 10 Ill. Reg. 15044, effective August 28, 1986; amended at 11 Ill. Reg. 12670, effective July 15, 1987; amended at 12 Ill. Reg. 3709, effective February 1, 1988; amended at 12 Ill. Reg. 16022,

ILLINOIS REGISTER 16739 13 STATE BOARD OF EDUCATION

NOTICE OF ADOPTED AMENDMENTS effective September 23, 1988; amended at 14 Ill. Reg. 1243, effective January 8, 1990; amended at 14 Ill. Reg. 17936, effective October 18, 1990; amended at 15 Ill. Reg. 17048, effective November 13, 1991; amended at 16 Ill. Reg. 18789, effective November 23, 1992; amended at 19 Ill. Reg. 16826, effective December 11, 1995; amended at 21 Ill. Reg. 11536, effective August 1, 1997; emergency amendment at 22 Ill. Reg. 5097, effective February 27, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 11767, effective June 25, 1998; amended at 22 Ill. Reg. 19745, effective October 30, 1998; amended at 23 Ill. Reg. 2843, effective February 26, 1999; amended at 23 Ill. Reg. 7231, effective June 14, 1999; amended at 24 Ill. Reg. 7206, effective May 1, 2000; emergency amendments at 24 Ill. Reg. 9915, effective June 21, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 12930, effective August 14, 2000; peremptory amendment at 24 Ill. Reg. 16109, effective October 12, 2000; peremptory amendment suspended at 25 Ill. Reg. 3718, effective February 21, 2001; peremptory amendment repealed by joint resolution of the General Assembly, effective May 31, 2001; emergency amendments at 25 Ill. Reg. 9360, effective July 1, 2001, for a maximum of 150 days; emergency expired November 27, 2001; emergency amendments at 25 Ill. Reg. 11935, effective August 31, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 16031, effective November 28, 2001; amended at 26 Ill. Reg. 348, effective January 1, 2002; amended at 26 Ill. Reg. 11867, effective July 19, 2002; amended at 26 Ill. Reg. 16167, effective October 21, 2002; amended at 27 Ill. Reg. 5744, effective March 21, 2003; amended at 27 Ill. Reg. 8071, effective April 28, 2003; emergency amendments at 27 Ill. Reg. 10482, effective June 26, 2003, for a maximum of 150 days; amended at 27 Ill. Reg. 12523, effective July 21, 2003; amended at 27 Ill. Reg. 16412, effective October 20, 2003; emergency amendment at 28 Ill. Reg. 2451, effective January 23, 2004, for a maximum of 150 days; amended at 28 Ill. Reg. 8556, effective June 1, 2004; emergency amendments at 28 Ill. Reg. 12438, effective August 20, 2004, for a maximum of 150 days; amended at 29 Ill. Reg. 1212, effective January 4, 2005; amended at 29 Ill. Reg. 10068, effective June 30, 2005; amended at 29 Ill. Reg. 12374, effective July 28, 2005; emergency amendment at 29 Ill. Reg. 14547, effective September 16, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 15831, effective October 3, 2005; amended at 30 Ill. Reg. 1835, effective January 26, 2006; amended at 30 Ill. Reg. 2766, effective February 21, 2006; amended at 30 Ill. Reg. 8494, effective April 21, 2006; amended at 31 Ill. Reg. 10645, effective July 16, 2007; amended at 32 Ill. Reg. 3413, effective February 22, 2008; amended at 32 Ill. Reg. 13263, effective July 25, 2008; emergency amendment at 32 Ill. Reg. 18876, effective November 21, 2008, for a maximum of 150 days; amended at 33 Ill. Reg. 5462, effective March 24, 2009; amended at 34 Ill. Reg. 1582, effective January 12, 2010; amended at 34 Ill. Reg. 15357, effective September 21, 2010; amended at 35 Ill. Reg. 4315, effective February 23, 2011; peremptory amendment at 35 Ill. Reg. 14663, effective August 22, 2011; amended at 35 Ill. Reg. 16755, effective September 29, 2011; amended at 36 Ill. Reg. 2191, effective January 24, 2012; amended at 36 Ill. Reg. 12455, effective July 23, 2012; emergency amendment at 36 Ill. Reg. 12903, effective July 24, 2012, for a maximum of 150 days; amended at 37 Ill. Reg. 199, effective December 19,

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2012; amended at 37 Ill. Reg. 8379, effective June 12, 2013; amended at 37 Ill. Reg. 16729, effective October 2, 2013.

SUBPART B: CERTIFICATES

Section 25.97 Endorsement for Elementary Education (Grades 1 through 6)

The requirements of 23 Ill. Adm. Code 1.710 (Requirements for Elementary Teachers) shall apply to the preparation of any candidate who completes a program approved in accordance with those provisions on or before September 1, 2017 and has the elementary education endorsement issued by September 1, 2018. For candidates prepared in a program approved using the standards set forth at 23 Ill. Adm. Code 20 (Standards for Endorsements in Elementary Education), as well as those completing programs on or after September 1, 2017, the requirements of this Section shall apply.

a) The endorsement for self-contained general education in grades 1 through 6 shall be affixed to the professional educator license.

b) Each candidate for an endorsement in elementary education shall complete a 32 semester hour major in elementary education offered by an Illinois program approved for the preparation of elementary education teachers pursuant to Subpart C of this Part. The program shall include:

1) coursework that addresses at least three areas of the sciences (i.e., physical, life, and earth and space);

2) coursework that address at least four areas of the social sciences (i.e., (history, geography, civics and government, and economics of Illinois, the United States and the world); and

3) a student teaching experience that meets the requirements of Section 25.620 of this Part for those candidates who will be receiving the professional educator license for the first time.

c) Each candidate shall be required to pass the applicable tests, as required by Section 21B-30 of the School Code, subject to the provisions of Section 25.720 of this Part.

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d) Additional elementary endorsements (e.g., elementary mathematics, elementary reading) may be added to the professional educator license endorsed for self- contained elementary education in accordance with the provisions of Section 25.37 of this Part.

(Source: Added at 37 Ill. Reg. 16729, effective October 2, 2013)

Section 25.99 Endorsement for the Middle Grades (Grades 5 through 8)Endorsing Teaching Certificates (Repealed)

The requirements of 23 Ill. Adm. Code 1.720 (Requirements for Teachers of Middle Grades) shall apply to the preparation of any candidate who completes the requirements set forth in Section 1.720 and has the endorsement issued on or before January 31, 2018. For candidates prepared in a program approved using the standards set forth at 23 Ill. Adm. Code 21 (Standards for Endorsements in the Middle Grades), as well as those completing programs on or after February 1, 2018, the requirements of this Section shall apply.

a) The endorsement for the middle grades of 5 through 8 shall be affixed to the professional educator license.

b) General Requirements

1) Each candidate for an endorsement for the middle grades shall complete a 32 semester hour major in middle grades education offered by an Illinois program approved for the preparation of teachers in the middle grades pursuant to Subpart C of this Part.

2) As applicable to the specific middle-grades content area of the endorsement, the course of study required under subsection (b)(1) of this Section shall include the following:

A) for a middle-grades math endorsement, 24 hours of math content, which shall include three hours of content-specific methods focused on the middle grades; or

B) for a middle-grades literacy endorsement, 24 hours of literacy content, which shall include three hours of content-specific methods focused on the middle grades; or

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C) for a middle-grades science endorsement, 24 hours of science content (including three hours of content-specific methods focused on the middle grades) to include coursework in each of the following areas:

i) physical sciences;

ii) life sciences; and

iii) earth and space sciences; or

D) for a middle-grades social science endorsement, 24 hours of social science content (including three hours of content-specific methods focused on the middle grades) to include coursework in each of the following areas, in relation to Illinois, the United States and the world:

i) history;

ii) geography;

iii) civics and government; and

iv) economics; or

E) for content areas other than those specified in this subsection (b), 24 hours of content specific to the endorsement sought, which shall include three hours of content-specific methods focused on the middle grades.

3) Each candidate who will be receiving the professional educator license for the first time shall complete a student teaching experience that meets the requirements of Section 25.620 of this Part specific to his or her content area of endorsement. c) Each candidate shall be required to pass the applicable tests, as required by Section 21B-30 of the School Code, subject to the provisions of Section 25.720 of this Part.

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d) Additional content-area endorsements (e.g., health, physical education, family and consumer sciences) may be added to the professional educator license endorsed for the middle grades in accordance with the provisions of Section 25.37 of this Part.

(Source: Old Section repealed at 29 Ill. Reg. 15831, effective October 3, 2005; new Section added at 37 Ill. Reg. 16729, effective October 2, 2013)

Section 25.100 Teaching Endorsements on the Professional Educator License

Beginning July 1, 2013, the structure of teaching endorsements available on the Illinois professional educator license is changed. Appendix E to this Part provides a list of the available endorsements and shows for each endorsement the related endorsements that were previously issued. Any semester hours of credit presented toward fulfillment of the requirements of this Section shall be posted on the candidate's official transcript and may be taken in on-line or electronically-mediated courses, provided that college credit is provided for the coursework by a regionally accredited institution of higher education. All professional education and content-area coursework that forms part of an application for licensure, endorsement, or approval that is received on or after February 1, 2012, must have been passed with a grade no lower than "C" or equivalent in order to be counted towards fulfillment of the applicable requirements.

a) Content-specific endorsements (e.g., science − biology, social science − economics) shall be required in conjunction with some endorsements, as shown in Appendix E to this Part. Except in the case of foreign language, a licensee shall be authorized to teach all the subjects encompassed by a particular endorsement, regardless of the content-specific endorsement or endorsements received in conjunction with that endorsement. However, a licensee may not teach honors courses, as these are defined by the employing district, or Advanced Placement courses in a subject for which he or she does not hold the content-specific endorsement. For example, a secondary science teacher with a content-specific endorsement for science − biology may not teach honors physics or chemistry unless he or she holds a content-specific endorsement in science − physics or science − chemistry.

b) The provisions of subsection (a) of this Section do not apply to endorsements in a particular content area available prior to July 1, 2004 that were not exchanged for the endorsement currently available. Individuals holding these endorsements shall teach only the specific content encompassed by the endorsement issued. For instance, an individual who holds an endorsement in biology (rather than

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"sciences" with a content-area endorsement in science − biology) shall teach only biology and no other science content. An individual who wishes to teach other subjects in the same field or grade levels shall be required to apply for the relevant new endorsement in keeping with Section 21B-40 of the School Code and meet the applicable requirements of this Section. c) Endorsements at Time of Issuance of the Professional Educator License

1) Pursuant to Section 21B-25 of the School Code [105 ILCS 5/21B-25], each professional educator license shall be specifically endorsed by the State Board of Education for each content area and grade-level range for which the holder of the license is qualified to teach and for which application has been made.

2) The professional educator license issued shall be endorsed in keeping with the program completed and the related content-area test passed by the candidate and for any other subject in which the individual:

A) meets the requirements of subsection (d), (f), (g), (h), (i), (j), or (k) of this Section; or

B) has accumulated 24 semester hours of college credit demonstrably related to the subject area, either as a subset of an approved program at an Illinois institution or from one or more regionally accredited institutions of higher education, with at least 12 semester hours at the upper-division or graduate level, as defined by the institution offering the coursework, and has passed the applicable content-area test. d) Certain endorsements or content-specific endorsements listed in Appendix E to this Part have no corresponding content-area test (see Section 25.710 of this Part). The provisions of this subsection (d) shall apply to the issuance of these endorsements and content-specific endorsements.

1) For an applicant who is receiving an Illinois professional educator license endorsed for a teaching field, the institution that offered the approved program completed by the applicant shall indicate that the applicant has met the standards applicable to the endorsement or the particular content- specific endorsement, except that the requirements of subsection (k) of

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this Section shall apply to the issuance of endorsements in safety and driver education beginning with applications received on or after February 1, 2012.

2) An applicant prepared out of state, or an applicant who is already licensed in Illinois and is seeking to add a new endorsement or a content-specific endorsement in one of these subjects, other than an endorsement in safety and driver education, shall:

A) present verification from an institution with an approved educator preparation program that he or she is prepared in the area covered by the endorsement or content-specific endorsement sought; or

B) present evidence of completion of 24 semester hours of coursework (subject to further limitations as set forth in this Section) in the area covered by the endorsement or content-specific endorsement sought.

3) An applicant prepared out of state or an applicant who is already licensed in Illinois and is seeking to add a new endorsement in safety and driver education shall be subject to the requirements set forth in subsection (k) of this Section. e) Addition of Endorsements to Currently Held Professional Educator Licenses Individuals seeking to endorse currently held professional educator licenses shall apply for the endorsements, using ELIS, and pay the fee required under Section 21B-40 of the School Code [105 ILCS 5/21B-40].

1) When an applicant qualifies for an endorsement, its issuance shall be reflected on ELIS.

2) An endorsement will be issued for any subject in which the individual:

A) meets the requirements of subsection (d), (f), (g), (h), (i), (j), or (k) of this Section; or

B) for other content areas not referenced in subsection (e)(2)(A) of this Section, has accumulated 24 semester hours of college credit demonstrably related to the subject area, either as a subset of an

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approved program at an Illinois institution or from one or more regionally accredited institutions of higher education, (with at least 12 semester hours at the upper-division or graduate level, as defined by the institution offering the coursework, for secondary endorsements) and has passed the applicable content-area test; any coursework to be considered (whether undergraduate or graduate level) shall be posted on the individual's official transcript. f) Special provisions shall apply to the issuance of endorsements in the sciences and social sciences. The requirements of subsections (f)(1) through (4) of this Section relate to endorsements and content-specific endorsements in these fields based on the standards found at 23 Ill. Adm. Code 27.140 through 27.260. (See Appendix E of this Part.)

1) An individual seeking to add an endorsement and a content-specific endorsement in either of these fields who does not already hold that endorsement with one of its other available content-specific endorsements shall be required to pass the content-area test for the content-specific endorsement sought and either:

A) be recommended for the endorsement and the content-specific endorsement by an institution with an approved program in the subject area based on having completed coursework sufficient to address the applicable content-area standards; or

B) present evidence of having accumulated 32 semester hours of college coursework in the field, from one or more regionally accredited institutions, that meets the following requirements:

i) at least 12 semester hours of credit must have been earned in the subject area of the content-specific endorsement sought; and

ii) some portion of the coursework completed must have addressed at least two additional content-specific endorsements within the field; and

iii) in the case of the sciences, the coursework completed must have included both biological and physical science.

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2) The requirement stated in subsection (f)(1) of this Section shall apply whenever an individual seeks to add his or her first endorsement in one of these fields.

3) An individual may receive a subsequent content-specific endorsement in the same field if he or she has:

A) passed the applicable content-area test and completed 12 semester hours of coursework in the subject area of the content-specific endorsement; or

B) completed a major in the content area of the content-specific endorsement.

4) An individual who holds an endorsement in the sciences or social sciences under the structure that was in effect prior to July 1, 2004, may receive an endorsement and a content-specific endorsement in that field under the new structure by passing the content-area test for the content-specific endorsement sought and, effective with applications received on or after February 1, 2012, completing 12 semester hours of coursework in the subject area of the content-specific endorsement. He or she may then qualify for additional content-specific endorsements in the field pursuant to subsection (f)(3) of this Section. g) Special provisions shall apply to the issuance of endorsements for reading teachers and reading specialists. A reading teacher is one whose assignment involves teaching reading to students, while a reading specialist is one whose assignment involves the provision of technical assistance and/or professional development to other teachers and may also include teaching reading to students.

1) Reading Teacher This endorsement shall not be issued alone as an individual's first teaching credential. An individual who holds an Illinois professional educator license and who receives an endorsement for some teaching field other than reading shall be eligible to receive this additional endorsement on that license when he or she presents evidence of:

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A) having passed the applicable content-area test (i.e., reading teacher or reading specialist) and having been recommended for the endorsement by virtue of completing an approved reading teacher's preparation program based on the standards set forth at 23 Ill. Adm. Code 27.110 that requires at least 24 semester hours of graduate or undergraduate coursework in reading (as posted on the individual's official transcript), including a practicum involving clinical experience with two or more students and at two or more grade levels, at an institution that is recognized to offer teacher preparation programs in Illinois; or

B) having passed the applicable content-area test and having completed 24 semester hours of graduate or undergraduate coursework in reading (as posted on the individual's official transcript), including a practicum, at one or more regionally accredited institutions of higher education, provided that all the following areas were addressed:

i) foundations of reading;

ii) content-area reading;

iii) assessment and diagnosis of reading problems;

iv) developmental and remedial reading instruction and support;

v) developmental and remedial materials and resources; and

vi) literature appropriate to students across all grade ranges.

2) Reading Specialist

A) Each candidate for the reading specialist's endorsement shall hold an Illinois professional educator license and have at least two years of teaching experience on that license in an Illinois school. Each candidate shall be eligible to receive this endorsement on the professional educator license when he or she presents evidence of having completed the required teaching experience.

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B) Each candidate shall hold a master's degree or higher awarded by a regionally accredited institution of higher education.

C) Each candidate shall have completed a K-12 reading specialist's program approved pursuant to Subpart C of this Part that includes clinical experiences with five or more students at both the elementary (i.e., kindergarten through grade 8) and secondary levels and leads to the issuance of a master's or higher degree, provided that a person who holds one master's degree shall not be required to obtain a second one. For purposes of the clinical experiences, a candidate shall work with at least one student enrolled in elementary grades and at least one student enrolled in secondary grades and may work with students one on one or in a group. Each candidate shall have been recommended for the endorsement by the institution offering the program.

D) Each candidate shall be required to pass the content-area test for reading specialist. h) Special provisions shall apply to endorsements and content-specific endorsements in foreign languages.

1) For individuals who are seeking a professional educator license for the first time, an endorsement for a specific foreign language may be placed on the license when an individual has completed a major area of concentration in the language, totaling 32 semester hours or as otherwise identified by a regionally accredited institution on the individual's official transcript and passed the applicable content-area test.

2) For individuals who currently hold professional educator licenses with at least one endorsement for a foreign language, an endorsement for a different foreign language may be added when an individual has passed the applicable content-area test.

3) For individuals who currently hold professional educator licenses endorsed in teaching fields other than foreign language, an endorsement for a foreign language may be added upon completion of 24 semester hours of college credit in the language, either as an approved program at

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an Illinois institution or from one or more regionally accredited institutions of higher education, and passage of the applicable content-area test. The endorsement issued shall be for only the grade levels for which the individual's professional educator license currently is endorsed.

4) Section 25.95 of this Part sets forth additional provisions for licensure in foreign languages under specified circumstances. i) Requirements for Elementary, Middle Grades and Bilingual Education

1) The requirements of Section 25.97 of this Part, rather than the requirements of this Section, shall apply to credentials and assignments in the elementary grades.

2) The requirements of Section 25.99 of this Part23 Ill. Adm. Code 1.720 (Requirements for Teachers of Middle Grades), rather than the requirements of this Section, shall apply to credentials and assignments in the middle grades, except that Section 25.991.720 shall be read in conjunction with this Section with respect to reading and library information specialist assignments in the middle grades.

3) The requirements of 23 Ill. Adm. Code 1.780, 1.781, and 1.782, rather than the requirements of this Section, shall apply to credentials and assignments in the areas of bilingual education and English as a Second (New) Language.

j) An additional endorsement for "technology specialist" shall be issued only upon presentation of evidence that the applicant has completed at least 24 semester hours of college coursework demonstrably related to the subject area at one or more regionally accredited institutions of higher education that is aligned to 23 Ill. Adm. Code 27.470 (Technology Specialist), and has passed the relevant content- area test.

k) Beginning with applications received on or after February 1, 2012, an endorsement in safety and driver education shall be issued when the applicant provides evidence of having completed 24 semester hours of college credit in the field, with at least 12 semester hours at the upper-division or graduate level (as posted on the individual's official transcript), as defined by the institution offering the coursework, distributed as follows:

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1) 3 semester hours in injury prevention or safety;

2) 12 semester hours in driver education that include:

A) driving task analysis (introduction to driver education);

B) teaching driver education in the classroom;

C) teaching the laboratory portion of the driver education course, including:

i) on-street teaching under the supervision of a qualified driver education teacher;

ii) the equivalent of at least one semester hour's preparation in and use of driving simulation;

iii) the equivalent of at least one semester hour's preparation in and use of multiple-car programs; and

D) advanced driver education and emergency evasive driving;

3) 3 semester hours in first aid and cardiopulmonary resuscitation; and

4) 6 semester hours chosen in any combination from:

A) the use of technology in instruction;

B) safety issues related to alcohol and other drugs;

C) driver education for students with disabilities; and

D) any other safety-related area. l) Special provisions shall apply to the issuance of endorsements for gifted education teachers and gifted education specialists. A gifted education teacher is one whose assignment involves teaching gifted students, while a gifted education specialist is one whose assignment involves the provision of technical assistance

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1) Gifted Education Teacher This endorsement shall not be issued alone as an individual's first teaching credential. An individual who holds a professional educator license endorsed at any of the grade levels of early childhood, elementary, middle, or secondary, or for special, or who receives an endorsement for some field other than gifted, shall be eligible to receive this additional endorsement on that license when he or she presents evidence of:

A) having passed the applicable content-area test and having been entitled for the endorsement by virtue of completing an approved gifted education teacher's preparation program that aligns to the standards set forth at 23 Ill. Adm. Code 27.490 (Gifted Education Teacher) that requires at least 24 semester hours of graduate coursework in gifted education at an institution that is approved to offer teacher preparation programs in Illinois pursuant to Subpart C of this Part; or

B) having passed the applicable content-area test and having documented completion of a gifted education seminar offered by the State Board of Education in conjunction with the Illinois Association for Gifted Children or received recognition as a State Board-approved gifted education seminar trainer, and has four years of teaching experience in a public or nonpublic school recognized pursuant to 23 Ill. Adm. Code 425 (Voluntary Registration and Recognition of Nonpublic Schools). The requirements of this subsection (l)(1)(B) shall apply to applications received on or before February 1, 2015. Applications submitted on or after February 1, 2015, shall be subject to each of the requirements set forth in subsection (l)(1)(A) of this Section.

2) Gifted Education Specialist Each candidate for the gifted education specialist's endorsement shall hold a professional educator license endorsed at any of the grade levels of early childhood, elementary, middle, or secondary, or for special, and have at least two years of teaching experience on that license involving the education of gifted students. Each candidate shall be eligible to receive

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NOTICE OF ADOPTED AMENDMENTS this endorsement on the professional educator license when he or she presents evidence of having completed the required teaching experience.

A) Each candidate shall hold a master's degree or higher degree awarded by a regionally accredited institution of higher education.

B) Each candidate shall have completed a gifted education specialist's program for prekindergarten through grade 12 approved pursuant to Subpart C of this Part that aligns to the standards set forth at 23 Ill. Adm. Code 27.495 (Gifted Education Specialist). The program shall include clinical experiences with five or more students in both prekindergarten through grade 8 and grades 9 through 12 and lead to the issuance of a master's or higher degree, provided that a person who holds one master's degree shall not be required to obtain a second one. For purposes of the clinical experiences, a candidate shall work with at least one student enrolled in prekindergarten through grade 8 and at least one student enrolled in grades 9 through 12 and may work with a student one on one or in a group. The clinical experience shall also include coaching or mentoring one or more teachers on the topic of gifted education. Each candidate shall have been entitled for the endorsement by the institution offering the program.

C) Each candidate shall be required to pass the content-area test for gifted education specialist.

D) An individual who qualifies for the gifted education specialist's endorsement may receive the endorsement on his or her professional educator license for assignment in any of prekindergarten through grade 12.

E) An individual may receive the gifted education specialist endorsement without passing the test required under subsection (l)(2)(C) of the Section if he or she has met the requirements set forth in subsections (l)(2)(A), (B), and (D); has completed a gifted education seminar offered by the State Board of Education in conjunction with the Illinois Association for Gifted Children or received recognition as a State Board-approved gifted education seminar trainer, and has four years of teaching experience in a

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public or nonpublic school recognized pursuant to 23 Ill. Adm. Code 425 (Voluntary Registration and Recognition of Nonpublic Schools), provided that he or she submits an application for the gifted specialist's endorsement no later than February 1, 2015. Individuals otherwise meeting the requirements of this subsection (l)(2)(E) whose applications are received on or after February 1, 2015, will be subject to each of the requirements of subsection (l)(2) of this Section.

(Source: Amended at 37 Ill. Reg. 16729, effective October 2, 2013)

SUBPART C: APPROVING PROGRAMS THAT PREPARE PROFESSIONAL EDUCATORS IN THE STATE OF ILLINOIS

Section 25.115 Recognition of Institutions and Educational Units, and Approval of Programs

As used in this Subpart C, "institution" shall be defined as an Illinois institution of higher education, an out-of-state college or university granted authorization to operate by the Illinois Board of Higher Education as an out-of-state institution, an out-of-state college or university granted authorization to operate by the state in which it is located, or a not-for-profit educational entity subject to the General Not For Profit Corporation Act of 1986 [805 ILCS 105] or incorporated as a not-for-profit entity in another state but registered to do business in the State of Illinois pursuant to the Business Corporation Act of 1983 [805 ILCS 5].

a) In order for an institution to offer one or more programs that prepare professional educators, that institution must be recognized, and the educational unit responsible for the programs must be recognized, by the State Board of Education in consultation with the State Educator Preparation and Licensure Board. "Educational unit" means the institution or college, school, department, or other administrative body within the institution that is primarily responsible for the initial and continuing preparation of teachers and other education professionals. Each program that is offered by a recognized institution must also be individually approved by the State Board of Education in consultation with the State Educator Preparation and Licensure Board. "Program" or "preparation program" means a program that leads to licensure. Electronic transmission of written materials pursuant to this Subpart C is required.

b) In order to be considered for recognition under Section 25.155 of this Part, a

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degree-granting institution of higher education shall:

1) be regionally accredited;

2) be approved by the Illinois Board of Higher Education to operate as a postsecondary degree-granting institution under the provisions of the Private College Act [110 ILCS 1005] and the Academic Degree Act [110 ILCS 1010] or, if the out-of-state institution is not required to seek authorization to operate from the Illinois Board of Higher Education, be approved to offer educator preparation programs by the state that granted it operating authority; and

3) sponsor a course of study leading to a license issued under Article 21B of the School Code [105 ILCS 5/Art. 21B] and this Part. c) In order to be considered for recognition under Section 25.155 of this Part, an eligible not-for-profit educational entity shall conduct or propose to conduct at least one approved program that will prepare professional educators and leads to a license issued pursuant to Article 21B of the School Code and this Part. d) In order to be considered for recognition under Section 25.155 of this Part, an educational unit shall meet the standards enumerated in "Professional Standards for the Accreditation of Teacher Preparation Institutions " (2008), published by the National Council for the Accreditation of Teacher Education (NCATE), 2010 Massachusetts Avenue, N.W., Suite 500, Washington, D.C. 20036-1023 (no later amendments to or editions of these standards are incorporated by this Section). e) In order to be considered for approval under Section 25.145 of this Part, a recognized institution shall propose a preparation program that:

1) meets the national content standards accepted by the State Board of Education and listed on the State Board of Education's website at www.isbe.net or, if no national content standards are specified, then the applicable content standards set forth at 23 Ill. Adm. 20, 21, 23, 26, 27, 28 or 29;

2) meets the standards set forth at 23 Ill. Adm. Code 24 (Standards for All Illinois Teachers) or the Educational Leadership Policy Standards: ISLLC 2008, adopted by the National Policy Board for Educational

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Administration and posted at http://www.npbea.org/projects.php (no later additions to or editions of these standards are incorporated by this Part), as applicable;

3) will produce candidates for licensure in areas defined as "shortage areas" by the State Superintendent of Education (e.g., the number of individuals holding a particular endorsement and the number of positions that are currently vacant or predicted to be available in the next five years; the number of approved programs in Illinois and their capacity). Evidence of need shall be presented in the application submitted under Section 25.145 of this Part; and

4) beginning July 1, 2014, addresses the State Board of Education's Social and Emotional Learning Standards set forth at 23 Ill. Adm. Code 555.Appendix A so that educators understand the standards and how they apply to students in kindergarten through grade 12. f) In the case of a not-for-profit entity, all advertising materials, candidate handbooks, catalogues, and candidate contracts shall display prominently the fact that the entity does not offer higher education credit and that there is no guarantee that the Illinois license or any endorsement affixed to that license earned by the candidate will be honored or accepted for exchange in another state. g) The recognition of an educational unit shall be subject to review every four years beginning in 2012. This cycle shall begin in accordance with a timeline established by the State Superintendent of Education or designee. The approval of the educational unit's programs shall be subject to review in each year after the unit receives initial State recognition. h) Each recognized educational unit shall submit a separate annual program report for each approved program to the State Superintendent of Education, in a format defined by the State Superintendent, no sooner than October 1 and no later than November 30. Content-specific endorsements (see Section 25.100(a) of this Part) shall be considered separate programs for reporting purposes. The annual program report shall:

1) update any information previously provided;

2) summarize data about the program's overall structure, faculty, and

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candidates, and the results of various assessments, including the effectiveness of the completers of the program from the performance evaluations conducted under Article 24A of the School Code [105 ILCS 5/Art. 24A] (to be provided for principals beginning in 2014 and for teachers beginning in 2018):

A) If at least 80 percent of an institution's teacher preparation program completers have passed the content area test and applicable form of the assessment of professional teaching (APT) in each of the preceding three years, the institution shall be deemed to be adequately addressing the Standards for All Illinois Teachers set forth at 23 Ill. Adm. Code 24;

B) If at least 80 percent of an institution's administrative endorsement program completers have passed the applicable content-area tests for administrative endorsement in each of the preceding three years, the institution shall be deemed to be adequately addressing the standards set forth in subsection (e)(2) of this Section; and

C) beginning with reports submitted in October 2016, if at least 80 percent of candidates during their student teaching experience have passed the Teacher Performance Assessment, the institution shall be deemed to be adequately addressing the standards set forth in subsection (e) of this Section.

3) as relevant to the institution, report on all programs provided by the institution that have been approved as an alternative route to licensure under Sections 25.65 and 25.67 of this Part (through December 31, 2014) or Section 25.60 of this Part (beginning January 1, 2014), and Section 25.311 (beginning January 1, 2013) or Section 25.313 (through August 31, 2013). i) In conjunction with the review set forth in subsection (g) of this Section, each educational unit shall submit a unit report to the State Superintendent, in a format specified by the State Superintendent, no sooner than October 1 and no later than November 30 of the academic year (i.e., September 1 through August 31) in which the review is scheduled. The report shall include:

1) a description of how the unit has addressed any concerns about applicable

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standards identified in any of the program reports produced pursuant to subsection (h) of this Section submitted in each of the last four years preceding the review;

2) any changes in the institution or in the educational unit that affects the operation of the unit;

3) any new programs approved in the last four years;

4) the percentage of individuals in the last four years who completed the program and received a license or endorsement who were hired into a related school position in the field for which the license or endorsement was issued; and

5) data regarding the effectiveness of the completers of the program from the performance evaluations conducted under Article 24A of the School Code [105 ILCS 5/Art. 24A] (to be provided for principals beginning in 2014 and for teachers beginning in 2018). j) No later than April 7 of each year, each institution shall report to the State Board of Education, using a form supplied by the Board, on its program completers' pass rates on the tests required for receipt of the professional educator license pursuant to this Part and other information required by Title II of the Higher Education Act (20 USCA 1027). Further, each institution shall make this information readily available to the public on an annual basis and shall include it in or with publications routinely sent to potential applicants, school counselors, and prospective employers of the institution's program completers. k) State Board of Education staff may visit a recognized institution at any time with one day's advance notice and may ask to speak with faculty, candidates, or administrators. All records shall be made available to State Board of Education staff upon request.

(Source: Amended at 37 Ill. Reg. 16729, effective October 2, 2013)

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1) Heading of the Part: Standards for Endorsements in Early Childhood Education and in Elementary Education

2) Code Citation: 23 Ill. Adm. Code 26

3) Section Numbers: Adopted Action: 26.100 Amendment 26.300 Amendment

4) Statutory Authority: 105 ILCS 5/2-3.6

5) Effective Date of Rulemaking: October 2, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rulemaking, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: April 12, 2013; 37 Ill. Reg. 4705

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: In Section 26.100, specific reference was made to the Sections of Part 26 that will be replaced by the newly promulgated elementary education standards in 23 Ill. Adm. Code 20, beginning February 1, 2017.

In Section 26.300(c), the admission date was changed from February 1, 2014, to October 1, 2015; a date for completion of a current program was added (i.e., on or before September 1, 2017); and the date of issuance of an endorsement under the current system was moved from "no later than January 31, 2017" to "by September 1, 2018".

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? Yes

13) Will this rulemaking replace any emergency rulemaking currently in effect? No

14) Are there any other proposed rulemakings pending on this Part? No

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15) Summary and Purpose of the Amendments: Part 26 is one of six sets of the agency’s administrative rules that establish the framework for the following:

• improvement of teaching and learning; • foundation for the design of educator preparation programs at colleges and universities; • criteria for the approval of preparation programs at colleges and universities; and • basis for state licensure tests.

Further, the rules define the overall knowledge and skills that teachers must have in their professional roles to ensure that Illinois students meet or exceed the expectations defined by the Illinois Learning Standards.

The amendments in Section 26.100 are technical in nature, in that they align the terminology used in this section specific to early childhood standards to the new licensure system that was implemented July 1, 2013.

In Section 26.300, acknowledgement is being made of newly promulgated standards for elementary education that will be implemented for programs and examination purposes beginning February 1, 2017. In order for candidates and programs to make the transition to the new standards, the amendments would prohibit institutions of higher education from accepting new candidates for enrollment into elementary programs approved under Part 26 beginning October 1, 2015.

16) Information and questions regarding this rulemaking shall be directed to:

Vicki Phillips, Division Administrator Educator Licensure Illinois State Board of Education 100 North First Street, E-310 Springfield, Illinois 62777

217/782-2948

The full text of the Adopted Amendments begins on the next page:

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TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER b: PERSONNEL

PART 26 STANDARDS FOR ENDORSEMENTSCERTIFICATION IN EARLY CHILDHOOD EDUCATION AND IN ELEMENTARY EDUCATION

SUBPART A: STANDARDS FOR ENDORSEMENTSCERTIFICATION IN EARLY CHILDHOOD EDUCATION

Section 26.100 Purpose and Effective Dates of Standards in Subpart A 26.110 Curriculum: General 26.120 Curriculum: English Language Arts 26.130 Curriculum: Mathematics 26.140 Curriculum: Science 26.150 Curriculum: Social Science 26.160 Curriculum: Physical Development and Health 26.170 Curriculum: Fine Arts 26.180 Human Development and Learning 26.190 Diversity 26.200 Planning for Instruction 26.210 Learning Environment 26.220 Instructional Delivery 26.230 Communication 26.240 Assessment 26.250 Collaborative Relationships 26.260 Reflection and Professional Growth 26.270 Professional Conduct and Leadership

SUBPART B: STANDARDS FOR ENDORSEMENTSCERTIFICATION IN ELEMENTARY EDUCATION

Section 26.300 Purpose and Effective Dates of Standards in Subpart B 26.310 Curriculum 26.320 Curriculum: English Language Arts 26.330 Curriculum: Mathematics

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26.340 Curriculum: Science 26.350 Curriculum: Social Science 26.360 Curriculum: Physical Development and Health 26.370 Curriculum: Fine Arts 26.380 Human Development and Learning 26.390 Diversity 26.400 Planning for Instruction 26.410 Learning Environment 26.420 Instructional Delivery 26.430 Communication 26.440 Assessment 26.450 Collaborative Relationships 26.460 Reflection and Professional Growth 26.470 Professional Conduct and Leadership

AUTHORITY: Implementing Article 21 and authorized by Section 2-3.6 of the School Code [105 ILCS 5/Art. 21 and 2-3.6].

SOURCE: Adopted at 26 Ill. Reg. 6263, effective April 22, 2002; amended at 37 Ill. Reg. 16759, effective October 2, 2013.

SUBPART A: STANDARDS FOR ENDORSEMENTSCERTIFICATION IN EARLY CHILDHOOD EDUCATION

Section 26.100 Purpose and Effective Dates of Standards in Subpart A

This Subpart A establishes the standards that, together with the standards set forth in Standards for All Illinois Teachers (see 23 Ill. Adm. Code 24), shall apply to the issuance of endorsementsteaching certificates in early childhood education on professional educator licenses pursuant to Article 21B21 of the School Code [105 ILCS 5/Art. 21B21]. The standards set forth in this Subpart A shall apply both to candidates for an endorsementcertification in early childhood education and to the programs that prepare them. That is:

a) beginning July 1, 2003, approval of any teacher preparation program or course of study in early childhood education pursuant to the State Board's rules for Educator LicensureCertification (23 Ill. Adm. Code 25, Subpart C) shall be based on the congruence of that program's or course's content with the standards identified in this Subpart A; and

b) beginning July 1, 2004, the examinationsexamination(s) required for issuance of

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an endorsementa certificate in early childhood education shall be based on the standards identified in this Subpart A.

(Source: Amended at 37 Ill. Reg. 16759, effective October 2, 2013)

SUBPART B: STANDARDS FOR ENDORSEMENTSCERTIFICATION IN ELEMENTARY EDUCATION

Section 26.300 Purpose and Effective Dates of Standards in Subpart B

Beginning February 1, 2017, the provisions of Sections 26.320 and 26.330This Subpart B are replaced by 23 Ill. Adm. Code 20 (Standards for Endorsements in Elementary Education) asestablishes the standards that, together with the standards set forth in Standards for All Illinois Teachers (see 23 Ill. Adm. Code 24), and the standards in this Subpart B other than those in Sections 26.320 and 26.330 shall apply to the issuance of an endorsement inteaching certificates in elementary education on a professional educator license pursuant to Article 21B21 of the School Code [105 ILCS 5/Art.21B 21]. The standards set forth in this Subpart B shall apply both to candidates for an endorsementcertification in elementary education and to the programs that prepare them. That is:

a) Approvalbeginning July 1, 2003, approval of any teacher preparation program or course of study in elementary education pursuant to the State Board's rules for Educator LicensureCertification (23 Ill. Adm. Code 25, Subpart C) shall be based on the congruence of that program's or course's content with the standards identified in this Subpart B.; and

b) The examinationsbeginning July 1, 2004, the examination(s) required for issuance of an elementary endorsementcertificate shall be based on the standards identified in this Subpart B.

c) No candidate shall be admitted to a program approved under the provisions of this Subpart B after October 1, 2015. Any candidate who is enrolled in an elementary program approved under this Part shall complete the program on or before September 1, 2017 and have the elementary education endorsement issued by September 1, 2018.

(Source: Amended at 37 Ill. Reg. 16759, effective October 2, 2013)

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1) Heading of the Part: Standards for Endorsements in Specific Teaching Fields

2) Code Citation: 23 Ill. Adm. Code 27

3) Section Numbers: Adopted Action: 27.10 Amendment 27.490 New Section 27.495 New Section

4) Statutory Authority: 105 ILCS 5/2-3.6

5) Effective Date of Rulemaking: October 7, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rulemaking, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: April 12, 2013; 37 Ill. Reg. 4710

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: Technical changes were made throughout the rulemaking to modify "curriculum" as "curriculum materials or curricula".

Additional clarification was added in Section 27.495(d)(15) regarding strategies for addressing "social issues, such as discrimination and stereotyping."

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? Yes

13) Will this rulemaking replace any emergency rulemaking currently in effect? No

14) Are there any other proposed rulemakings pending on this Part? No

15) Summary and Purpose of the Rulemaking: Part 27 is one of six sets of the agency's administrative rules that establish the framework for the following: improvement of

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teaching and learning; foundation for the design of educator preparation programs at colleges and universities; criteria for the approval of preparation programs at colleges and universities; and basis for state licensure tests.

Further, the rules define the overall knowledge and skills that teachers must have in their professional roles to ensure that Illinois students meet or exceed the expectations defined by the Illinois Learning Standards.

The amendments in Section 27.10 acknowledge that standards for the middle grades in literacy and mathematics will be implemented for programs and examination purposes beginning February 1, 2018 (see 23 Ill. Adm. Code 21). Currently, candidates are required to take certain coursework related to the middle grades if they are assigned to teach a specific course in grades 5 through 8 (rather than placement in a self-contained general education classroom). After the implementation of the standards, any candidate for the middle grades endorsement will be required to complete an approved program. The middle grades standards address literacy and mathematics; however, it is the intent that standards specific to other core subject areas, such as science and the social sciences, will be added to Part 27 once those standards are developed.

Also being added are standards for endorsements for gifted education teachers and gifted education specialists. These endorsements will be optional, and individuals will not be required by the rules to hold either one in order to be assigned to provide instruction in gifted programs or to serve as a specialist in this area to provide technical assistance and professional development to gifted teachers.

16) Information and questions regarding this rulemaking shall be directed to:

Vicki Phillips, Division Administrator Educator Licensure Illinois State Board of Education 100 North First Street, E-310 Springfield, Illinois 62777

217/782-2948

The full text of the Adopted Amendments begins on the next page:

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TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER b: PERSONNEL

PART 27 STANDARDS FOR ENDORSEMENTSCERTIFICATION IN SPECIFIC TEACHING FIELDS

SUBPART A: GENERAL

Section 27.10 Purpose and Effective Dates

SUBPART B: FUNDAMENTAL LEARNING AREAS

Section 27.100 English Language Arts 27.110 Reading 27.120 Reading Specialist 27.130 Mathematics 27.140 Science – A Common Core of Standards 27.150 Biology 27.160 Chemistry 27.170 Earth and Space Science 27.180 Environmental Science 27.190 Physics 27.200 Social Science – A Common Core of Standards 27.210 Economics 27.220 Geography 27.230 History 27.240 Political Science 27.250 Psychology 27.260 Sociology and Anthropology 27.270 Physical Education 27.280 Health Education 27.300 Dance 27.310 Drama/Theatre Arts 27.320 Music 27.330 Visual Arts

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27.340 Foreign Language 27.350 General Curricular Standards for Special Education Teachers

SUBPART C: ADDITIONAL TEACHING FIELDS

Section 27.400 Agricultural Education 27.410 Business, Marketing, and Computer Education 27.420 English as a New Language (ENL) 27.430 Family and Consumer Sciences 27.440 Health Careers 27.450 Library Information Specialist 27.460 Technology Education 27.470 Technology Specialist 27.480 Work-Based Learning Teacher/Coordinator 27.490 Gifted Education Teacher 27.495 Gifted Education Specialist

AUTHORITY: Implementing Article 21 and authorized by Section 2-3.6 of the School Code [105 ILCS 5/Art. 21 and 2-3.6].

SOURCE: Adopted at 26 Ill. Reg. 6293, effective April 22, 2002; amended at 27 Ill. Reg. 18586, effective December 1, 2003; amended at 28 Ill. Reg. 4553, effective February 24, 2004; amended at 28 Ill. Reg. 7002, effective April 29, 2004; amended at 37 Ill. Reg. 16764, effective October 7, 2013.

SUBPART A: GENERAL

Section 27.10 Purpose and Effective Dates

This Part establishes the standards that, together with the standards set forth in Standards for All Illinois Teachers (see 23 Ill. Adm. Code 24), shall apply to the issuance of endorsements in specific teaching fields on a professional educator license pursuant to Article 21B21 of the School Code [105 ILCS 5/Art. 21B21]. The standards set forth in this Part shall apply both to candidates for the respective endorsements and to the programs that prepare them. That is:

a) Exceptexcept as provided in Section 27.350 of this Part, beginning July 1, 2003, approval of any teacher preparation program or course of study in any field covered by this Part pursuant to the State Board's rules for Educator Licensure

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Certification (23 Ill. Adm. Code 25, Subpart C) shall be based on the congruence of that program's or course's content with the standards identified in this Part.; and

b) Exceptexcept as provided in Section 27.350 of this Part, beginning on July 1, 2004, the examinationsexamination(s) required for issuance of an endorsementa certificate endorsed in any field covered by this Part shall be based on the relevant standards set forth in this Part.

c) On or before February 1, 2018, the standards set forth in Sections 27.100 and 27.130 will be replaced by the standards set forth in Part 21 (Standards for Endorsements in the Middle Grades) both for the approval of any teacher preparation program or course of study in the middle grades and the basis of the examinations required for issuance of an endorsement for teaching literacy (e.g., English language arts) or mathematics in the middle grades.

(Source: Amended at 37 Ill. Reg. 16764, effective October 7, 2013)

SUBPART C: ADDITIONAL TEACHING FIELDS

Section 27.490 Gifted Education Teacher

a) The competent gifted education teacher, recognizing the learning and developmental differences of gifted and talented students, promotes ongoing self- understanding, awareness of his or her students' needs, and cognitive and affective growth of these students in school, home and community settings to ensure specific student outcomes. The competent gifted education teacher:

1) collects and develops tools and techniques to engage the full range of profiles of gifted and talented students, including students with special needs (e.g., students with disabilities (twice exceptional), English language learners, creatively gifted, visual-spatial learners, profoundly gifted) in identifying their interests, strengths and gifts;

2) assists gifted and talented students in developing pride in their gifts and growing their passion for their areas of interest;

3) develops activities that can be tailored easily to match each student's developmental level and culture-based learning needs or to compensate for areas of deficit;

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4) provides a variety of research-based grouping practices for use with gifted and talented students that allow them to interact with individuals of various gifts, talents, abilities and strengths;

5) models respect for individuals with diverse abilities, strengths and goals, including those students with atypical gifted profiles;

6) provides role models (e.g., through mentors, bibliotherapy) for gifted and talented students that match their abilities and interests (i.e., students with special needs);

7) identifies extracurricular learning opportunities that match students' abilities and interests, and works to remove barriers to their taking advantage of these opportunities;

8) collaborates with families in accessing resources to develop their child's gifts and talents;

9) provides interventions for students to develop cognitive and affective growth that is based on research of effective practices;

10) develops specialized intervention services for underachieving gifted and talented students to accommodate their deficits, remediate their barriers to achievement, leverage their gifts and build their community with other gifted students;

11) enables students to identify their preferred approaches to learning, accommodates the students' preferences and expands them;

12) provides students with college and career guidance that is consistent with their strengths; and

13) implements a scope and sequence of the curriculum that contains personal and social awareness and adjustment, academic planning, and vocational and career awareness. b) The competent gifted education teacher has a deep understanding of assessment and its ability to provide information about identification, learning progress and

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outcomes, and evaluation of programming for gifted and talented students in all domains. The competent gifted education teacher:

1) identifies gifted and talented students, including those students with special needs who may be underserved;

2) develops environments and instructional activities that accommodate the full range of learning and performing among gifted populations, and encourages students to express diverse characteristics and behaviors that are associated with giftedness;

3) possesses current knowledge of student exceptionalities and collects assessment data while adjusting curriculum and instruction to address each student's developmental level and aptitude for learning;

4) provides parents and guardians with information in their native language regarding diverse behaviors and characteristics that are associated with giftedness, including unique characteristics that are associated with gifted students with special needs;

5) provides parents and guardians with information in their native language that explains the nature and purpose of gifted programming options;

6) uses current, research-based assessment strategies that accurately measure the progress of all gifted and talented students, including students with special needs;

7) uses differentiated pre- and post-performance-based assessments to measure the progress of gifted and talented students;

8) uses differentiated product-based assessments to measure the progress of students with gifts and talents;

9) uses and interprets qualitative and quantitative assessment information to develop a profile of the strengths and weaknesses of each student to plan appropriate intervention;

10) communicates and interprets assessment information to students and their parents or guardians;

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11) possesses an understanding of the emotional and attitudinal profiles of gifted and talented students and identifies when a child is in crisis and in need of additional supports; and

12) possesses an understanding of the difference between high-achieving students and gifted and talented students, and is able to address the needs of both within a single, unified program. c) The competent gifted education teacher applies the theory and research-based models of curriculum and instruction for gifted and talented students and responds to the needs of his or her students by planning, selecting, adapting and creating culturally relevant curriculum materials or curricula and by using a repertoire of evidence-based instructional strategies to ensure specific student outcomes. The competent gifted education teacher:

1) uses local, State and national standards to align and expand curriculum and instructional plans;

2) adapts, modifies or replaces the core or standard curriculum to meet the needs of gifted and talented students, including those students with special needs;

3) designs differentiated curricula that incorporate advanced, conceptually challenging, in-depth, distinctive and complex content that can be modified to meet the needs of all gifted and talented students, including those students with special needs;

4) uses a balanced assessment system, including pre-assessment and formative assessment, to identify students' needs, develop differentiated education plans and adjust plans based on continual progress monitoring;

5) ensures that assessment measures are sensitive to the needs of students with special needs;

6) uses pre-assessments and paces and differentiates instruction based on the learning rates and needs of each gifted and talented student, including those with special needs, accelerating and compacting learning, as appropriate;

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7) uses information and technologies, including assistive technologies, to individualize instruction for gifted and talented students, including those who are twice exceptional;

8) collaborates with school support personnel and special educators to design and deliver curricula in cognitive, affective, aesthetic, social and leadership domains that are challenging and effective for gifted and talented students, including those students with special needs;

9) uses meta-cognitive models to meet the needs of gifted and talented students;

10) selects, adapts and uses a repertoire of instructional strategies and materials that differentiate instruction for gifted and talented students and respond to diversity;

11) uses school and community resources that support differentiation;

12) provides opportunities for gifted and talented students to explore, develop or research their areas of interest and/or talent;

13) uses critical-thinking strategies to meet the needs of gifted and talented students;

14) uses open-ended creative-thinking strategies to meet the needs of gifted and talented students;

15) uses problem-solving model strategies to meet the needs of gifted and talented students;

16) uses inquiry models to meet the needs of gifted and talented students;

17) develops and uses challenging, culturally responsive curriculum materials or curricula to engage all gifted and talented students;

18) integrates career exploration experiences into learning opportunities for gifted and talented students (e.g., biography study, speakers);

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19) uses curriculum materials or curricula for deep explorations of cultures, languages and social issues related to diversity; and

20) demonstrates the ability to identify and leverage sources for high-quality resources and materials that are appropriate for gifted and talented students. d) The competent gifted education teacher creates learning environments that foster personal and social responsibility, multicultural competence, and interpersonal and technical communication skills for leadership in the 21st century to ensure specific student outcomes. The competent gifted education teacher:

1) maintains high expectations for all gifted and talented students as evidenced by meaningful cognitively and creatively challenging activities;

2) recognizes, accommodates and helps to remediate the limitations of gifted students with special needs in meeting production demands;

3) provides opportunities for self-exploration, development and pursuit of interests, and development of identities supportive of achievement (e.g., through mentors and role models);

4) creates environments that support trust among diverse learners;

5) provides feedback that focuses on effort, evidence of potential to meet high standards and mistakes as learning opportunities;

6) provides examples of positive coping skills and opportunities to apply them;

7) understands the needs of gifted and talented students for both solitude and social interaction;

8) provides opportunities for gifted and talented students to interact with intellectual and artistic and creative peers, as well as with chronological- age peers;

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9) provides students with special needs with opportunities to interact with both intellectual and emotional-age peers and with other gifted and talented students with special needs;

10) assesses and provides instruction on social skills needed for school, community and the world of work;

11) establishes a safe and welcoming climate for addressing social issues and developing personal responsibility;

12) provides environments for developing many forms of leadership and leadership skills;

13) promotes opportunities for leadership in community settings to effect positive change;

14) models appreciation for and sensitivity to students' diverse backgrounds and languages;

15) censures discriminatory language and behavior and models appropriate strategies;

16) provides structured opportunities to collaborate with diverse peers on a common goal;

17) provides opportunities for advanced development and maintenance of first and second languages;

18) provides resources to enhance oral, written and artistic forms of communication, recognizing students' cultural context; and

19) ensures access to advanced communication tools, including assistive technologies, and use of these tools for expressing higher-level thinking and creative productivity. e) The competent gifted education teacher is aware of empirical evidence regarding the cognitive, creative and affective development of gifted and talented students, and programming that meets their concomitant needs. Competent teachers use this expertise systematically and collaboratively to develop, implement and

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effectively manage comprehensive services for students with a variety of gifts and talents to ensure specific student outcomes. The competent gifted education teacher:

1) regularly uses multiple alternative approaches to accelerate learning;

2) regularly uses enrichment options to extend and deepen learning opportunities within and outside of the school setting;

3) regularly uses multiple forms of grouping, including clusters, resource rooms, special classes or special schools;

4) regularly uses individualized learning options, such as mentorships, internships, online courses and independent study;

5) regularly uses current technologies, including online learning options and assistive technologies, to enhance access to high-level programming;

6) collaborates with educators in gifted, general and special education programs, as well as those in specialized areas, to collaboratively plan, develop and implement services for gifted and talented students;

7) regularly engages families and community members for purposes of planning, programming, evaluating and advocating;

8) provides professional guidance and counseling for individual students' strengths, interests and values; and

9) facilitates mentorships, internships and vocational programming experiences that match student interests and aptitudes. f) The competent gifted education teacher formally assesses professional development needs related to standards, develops and monitors development plans, systematically engages in training to meet identified needs, and demonstrates mastery of standards through the assessment of relevant student outcomes. The competent gifted education teacher:

1) participates in ongoing, research-supported professional development that addresses the foundations of gifted education, education of gifted students

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with special needs, characteristics of students with gifts and talents, assessment, curriculum planning and instruction, learning environments and programming;

2) stays current regarding key issues affecting gifted and talented students, such as anti-intellectualism, and trends in gifted education, such as equity and access;

3) expands the support system for gifted and talented students and their families by connecting them to organizations and publications relevant to gifted education;

4) participates in ongoing professional development to support the social and emotional needs of gifted and talented students, and shares resources and perspective with students and their families;

5) assesses his or her instructional practices on an ongoing basis and, based on these assessments, continues his or her professional development related to gifted education through the school district's staff development, professional organizations and higher education settings;

6) assesses evidence of the impact of new instructional approaches both on teacher practice and student learning;

7) leverages multiple modes of delivering professional development, including online courses, online gifted-related communities, workshops, professional learning communities and book "talks";

8) identifies and addresses areas in his or her professional development plans for personal growth in the teaching of gifted and talented students;

9) responds to cultural and personal frames of reference when teaching gifted and talented students; and

10) complies with rules, policies and standards of ethical practice.

(Source: Added at 37 Ill. Reg. 16764, effective October 7, 2013)

Section 27.495 Gifted Education Specialist

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a) The competent gifted education specialist, recognizing the learning and developmental differences of students with gifts and talents, promotes ongoing self-understanding, awareness of their needs, and cognitive and affective growth of these students in school, home and community settings to ensure specific student outcomes. The competent gifted education specialist:

1) collects and develops tools and techniques to engage the full range of profiles of gifted and talented students, including students with special needs (e.g., students with disabilities (twice exceptional), English language learners, creatively gifted, visual-spatial learners, profoundly gifted), in identifying their interests, strengths and gifts;

2) assists gifted and talented students in developing their pride in their gifts and talents and encouraging their passion in their areas of interest;

3) develops activities that can be easily tailored to match each student's developmental needs and culture-based learning needs or to compensate for areas of deficit, to include students with special needs;

4) provides a variety of research-based grouping practices for use with gifted and talented students that allow them to interact with individuals of various gifts, talents, abilities and strengths;

5) models respect for individuals with diverse abilities, strengths and goals, including those with atypical gifted profiles (i.e., students with special needs);

6) provides role models (e.g., through mentors, bibliotherapy) for gifted and talented students that match their abilities and interests;

7) identifies extracurricular learning opportunities that match students' abilities and interests, and works to remove barriers to their taking advantage of these opportunities;

8) collaborates with families in accessing resources to develop their child's talents;

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9) designs interventions for students to develop cognitive and affective growth that is based on research of effective practices;

10) develops specialized intervention services for underachieving gifted and talented students to accommodate their deficits, remediate barriers to achievement, leverage their gifts and build their community with other gifted and talented students;

11) enables students to identify their preferred approaches to learning, accommodates the students' preferences and expands them;

12) provides students with college and career guidance that is consistent with their strengths; and

13) implements a scope and sequence of the curriculum that contains personal and social awareness and adjustment, academic planning and vocational and career awareness. b) The competent gifted education specialist has a deep understanding of assessment and its ability to provide information about identification, learning progress and outcomes, and evaluation of programming for students with gifts and talents in all domains. The competent gifted education specialist:

1) identifies gifted and talented students, including those students with special needs who may be underserved;

2) develops environments and instructional activities that accommodate the full range of learning and performing found among gifted populations, and encourages students to express diverse characteristics and behaviors that are associated with giftedness;

3) uses current, research-based assessment strategies appropriate for accurately measuring the progress of all gifted and talented students, including students with special needs;

4) establishes comprehensive, cohesive and ongoing procedures for identifying and serving gifted and talented students; these provisions include informed consent, committee review, student retention, student

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reassessment, student exiting, and appeals procedures for both entry and exit from gifted program services;

5) selects and uses multiple assessments that measure diverse abilities, talents and strengths that are based on current theories, models and research;

6) selects assessments that provide qualitative and quantitative information from a variety of sources, including "off-level" testing (i.e., not designed for the grade level of the student), and are nonbiased and equitable, and technically adequate for the purpose;

7) possesses knowledge of student exceptionalities and collects assessment data while adjusting curriculum and instruction to learn about each student's developmental level and aptitude for learning;

8) interprets multiple assessments in different domains and understands the uses and limitations of the assessments in identifying the needs of gifted and talented students, including those students with special needs;

9) informs all parents and guardians about the identification process, obtains parental or guardian permission for assessments, uses culturally sensitive checklists, and elicits evidence regarding the child's interests and potential outside of the classroom setting;

10) selects and uses non-biased and equitable approaches for identifying gifted and talented students, which may include using locally developed norms or assessment tools in the child's native language or in nonverbal formats;

11) understands and implements district and State policies designed to foster equity in gifted programming and services;

12) provides parents and guardians with information in their native language regarding diverse behaviors and characteristics that are associated with giftedness, including unique characteristics associated with gifted students with special needs;

13) provides parents and guardians with information in their native language that explains the nature and purpose of gifted programming options;

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14) uses differentiated pre- and post-performance-based assessments to measure the progress of gifted and talented students;

15) uses differentiated product-based assessments to measure the progress of gifted and talented students;

16) uses off-level standardized assessments to measure the progress of gifted and talented students;

17) uses and interprets qualitative and quantitative assessment information to develop a profile of the strengths and weaknesses of each gifted and talented student to plan appropriate intervention;

18) communicates and interprets assessment information to gifted and talented students and their parents or guardians;

19) ensures that the assessments used in the identification and evaluation processes are reliable, are sensitive to the needs of special populations, are valid for each instrument's purpose, allow for above grade-level performance and allow for diverse perspectives;

20) ensures that the assessment of the progress of gifted and talented students uses multiple indicators that measure mastery of content, higher-level thinking skills, achievement in specific program areas and affective growth;

21) assesses the quantity, quality and appropriateness of the programming and services provided for gifted and talented students by disaggregating assessment data and yearly progress data and making the results public;

22) provides the necessary time and resources to implement an annual evaluation plan developed by personnel with expertise in program evaluation and gifted education;

23) ensures that the evaluation plan is purposeful and evaluates how student- level outcomes are influenced by one or more of the following components of gifted education programming: identification, curriculum, instructional programming and services, ongoing assessment of student learning, counseling and guidance programs, teacher qualifications and

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professional development, parent and guardian and community involvement, programming resources, and programming design, management, and delivery; and

24) disseminates results of the program evaluation, orally and in written form, and explains how results will be used. c) The competent gifted education specialist applies the theory and research-based models of curriculum and instruction for gifted and talented students and responds to his or her students' needs by planning, selecting, adapting and creating culturally relevant curriculum materials or curricula and by using a repertoire of evidence-based instructional strategies to ensure specific student outcomes. The competent gifted education specialist:

1) uses local, State and national standards to align and expand curriculum materials or curricula and instructional plans;

2) designs and uses a comprehensive and continuous scope and sequence to develop differentiated plans for gifted and talented students in prekindergarten through grade 12;

3) adapts, modifies or replaces the core or standard curriculum to meet the needs of gifted and talented students and those with special needs;

4) designs differentiated curricula that incorporate advanced, conceptually challenging, in-depth, distinctive and complex content that can be modified to meet the needs of all gifted and talented students, including students with special needs;

5) uses a balanced assessment system, including pre-assessment and formative assessment, to identify students' needs, develop differentiated education plans and adjust plans based on continual progress monitoring;

6) uses pre-assessments and paces and differentiates instruction based on the learning rates and needs of each gifted and talented student, accelerating and compacting learning as appropriate;

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7) uses information and technologies, including assistive technologies, to individualize instruction for gifted and talented students, including those who are twice-exceptional;

8) collaborates with school service personnel and special educators to design and deliver curricula in cognitive, affective, aesthetic, social and leadership domains that are challenging and effective for gifted and talented students, including students with special needs;

9) uses meta-cognitive models to meet the needs of gifted and talented students;

10) selects, adapts and uses a repertoire of instructional strategies and materials that differentiate instruction for gifted and talented students and respond to diversity;

11) uses school and community resources that support differentiation;

12) provides opportunities for gifted and talented students to explore, develop or research their areas of interest and/or talent;

13) uses critical-thinking strategies to meet the needs of gifted and talented students;

14) uses creative-thinking strategies to meet the needs of gifted and talented students;

15) uses problem-solving model strategies to meet the needs of gifted and talented students;

16) uses open-ended inquiry models to meet the needs of gifted and talented students;

17) develops and uses challenging, culturally responsive curriculum materials or curricula to engage all gifted and talented students;

18) integrates career exploration experiences into learning opportunities for gifted and talented students (e.g., biography study, speakers);

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19) uses curriculum materials or curricula for deep explorations of cultures, languages and social issues related to diversity; and

20) demonstrates the ability to identify and leverage sources for high-quality resources and materials that are appropriate for gifted and talented students. d) The competent gifted education specialist creates learning environments that foster personal and social responsibility, multicultural competence, and interpersonal and technical communication skills for leadership in the 21st century to ensure specific student outcomes. The competent gifted education specialist:

1) maintains high expectations for all gifted and talented students, as evidenced in meaningful cognitively and creatively challenging activities;

2) recognizes, accommodates and helps to remediate the limitations of gifted students with special needs in meeting production demands;

3) provides opportunities for self-exploration, development and pursuit of interests and development of identities supportive of achievement (e.g., through mentors and role models);

4) creates environments that support trust among diverse learners;

5) provides feedback that focuses on effort, evidence of potential to meet high standards and mistakes as learning opportunities;

6) provides examples of positive coping skills and opportunities to apply them;

7) understands the needs of gifted and talented students for both solitude and social interaction;

8) provides opportunities for gifted and talented students to interact with intellectual and artistic and creative peers, as well as with chronological- age peers;

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9) provides students with special needs with opportunities to interact with both intellectual and emotional-age peers and with other gifted and talented students with special needs;

10) assesses and provides instruction on social skills needed for school, community and the world of work;

11) establishes a safe and welcoming climate for addressing social issues and developing personal responsibility;

12) provides environments for developing many forms of leadership and leadership skills;

13) promotes opportunities for leadership in community settings to effect positive change;

14) models appreciation for and sensitivity to students' diverse backgrounds and languages;

15) censures discriminatory language and behavior, and models appropriate strategies for addressing social issues, including discrimination and stereotyping;

16) provides structured opportunities to collaborate with diverse peers on a common goal;

17) provides opportunities for advanced development and maintenance of first and second languages;

18) provides resources to enhance oral, written and artistic forms of communication, recognizing students' cultural context; and

19) ensures access to advanced communication tools, including assistive technologies, and use of these tools for expressing higher-level thinking and creative productivity. e) The competent gifted education specialist is aware of empirical evidence regarding the cognitive, creative and affective development of gifted and talented students, and programming that meets their concomitant needs. Competent

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NOTICE OF ADOPTED AMENDMENTS teachers use this expertise systematically and collaboratively to develop, implement and effectively manage comprehensive services for students with a variety of gifts and talents to ensure specific student outcomes. The competent gifted education specialist:

1) regularly uses multiple alternative approaches to accelerate learning;

2) regularly uses enrichment options to extend and deepen learning opportunities within and outside of the school setting;

3) regularly uses multiple forms of grouping, including clusters, resource rooms, special classes or special schools;

4) regularly uses individualized learning options, such as mentorships, internships, online courses and independent study;

5) regularly uses current technologies, including online learning options and assistive technologies, to enhance access to high-level programming;

6) demonstrates support for gifted programs through equitable allocation of resources and demonstrated willingness to ensure that gifted and talented students receive appropriate educational services;

7) collaborates with educators in gifted, general and special education programs, as well as those in specialized areas, to collaboratively plan, develop and implement services for gifted and talented students;

8) regularly engages families and community members for the purposes of planning, programming, evaluating and advocating;

9) tracks expenditures at the school level to verify appropriate and sufficient funding for gifted programming and services;

10) develops thoughtful, multi-year program plans in talent areas relative to students in prekindergarten through grade 12;

11) creates policies and procedures to guide and sustain all components of the program, including assessment, identification, acceleration practices and

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grouping practices, that are built on an evidence-based foundation in gifted education;

12) provides professional guidance and counseling for individual student strengths, interests and values; and

13) facilitates mentorships, internships and vocational programming experiences that match student interests and aptitudes. f) The competent gifted education specialist formally assesses professional development needs related to standards, develops and monitors development plans, systematically engages in training to meet identified needs and demonstrates mastery of standards through the assessment of relevant student outcomes. The competent gifted education specialist:

1) participates in ongoing, research-supported professional development that addresses the foundations of gifted education, education of gifted students with special needs, characteristics of students with gifts and talents, assessment, curriculum planning and instruction, learning environments and programming;

2) provides professional development for teachers that models how to develop environments and instructional activities that encourage students to express diverse characteristics and behaviors that are associated with giftedness;

3) stays current regarding key issues affecting gifted students, such as anti- intellectualism, and trends in gifted education, such as equity and access;

4) provides human and material resources needed for professional development in gifted education (e.g., release time, funding for continuing education, substitute support, webinars, mentors);

5) expands the support system for gifted and talented students and their families by connecting them to organizations and publications relevant to gifted education;

6) assesses his or her instructional practices on an ongoing basis and, based on these assessments, continues his or her professional development

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related to gifted education through the school district's staff development, professional organizations and higher education settings;

7) assesses evidence of the impact of new instructional approaches both on teacher practice and student learning;

8) leverages multiple modes of delivering professional development, including online courses, online gifted-related communities, workshops, professional learning communities and book "talks";

9) identifies and addresses areas in his or her professional development plans for personal growth in the teaching of gifted and talented students;

10) responds to cultural and personal frames of reference when teaching gifted and talented students; and

11) complies with rules, policies and standards of ethical practice.

(Source: Added at 37 Ill. Reg. 16764, effective October 7, 2013)

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1) Heading of the Part: Special Education

2) Code Citation: 23 Ill. Adm. Code 226

3) Section Numbers: Adopted Action: 226.160 New Section 226.840 Amendment

4) Statutory Authority: 105 ILCS 5/Art. 14 and 2-3.6

5) Effective Date of Rulemaking: October 2, 2013

6) Does this rulemaking contain an automatic repeal date? Yes

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted rulemaking, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: April 12, 2013; 37 Ill. Reg. 4735

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: The provisions of Section 226.160(b) and (c) were modified to extend by one year the deadline for both hiring fully qualified individuals to conduct medical reviews and for those currently employed to complete training in order to conduct a full medical review.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? Yes

13) Will this rulemaking replace any emergency rulemaking currently in effect? No

14) Are there any other proposed rulemakings pending on this Part? Yes

Section Numbers: Proposed Action: Illinois Register Citation: 226.730 Repeal 37 Ill. Reg. 2637; March 8, 2013 226.731 Repeal 37 Ill. Reg. 2637; March 8, 2013

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15) Summary and Purpose of Rulemaking: Under Section 10-22.23 of the School Code, a school district must use a certified school nurse (CSN) whenever instructional judgment or the educational evaluation of students is required. School districts may employ RNs to perform "professional nursing services". It is this distinction that led staff last year to adopt a rule, effective July 1, 2013, that would continue to allow RNs with bachelor's degrees, advance practice nurses (APNs) and physicians to conduct those portions of the medical review that are medical in nature and restrict to CSNs the recommendation of educational accommodations, modifications or interventions that may be necessary to ensure a student with disabilities is able to progress and meet the goals of his or her Individualized Education Program (IEP). Many school administrators, however, expressed concerns that they would be unable to have staff employed by the effective date of the new rule, who would be fully qualified to make recommendations for any accommodations, modifications or interventions in response to educationally relevant medical findings identified as part of the medical review process.

Agency staff determined that delaying the implementation of the new rulemaking by three years will allow sufficient time for a training program to be developed and implemented that would address special education law and regulations for students with disabilities, an understanding of which certified school nurse representatives indicated that medical personnel may lack. Further, the rule includes an option for testing (i.e., the content-area test for school nurse) to allow RNs, APNs or physicians hired before July 1, 2016, to show competency in these areas. Successful completion of the training or passage of the content-area test, therefore, would authorize these individuals to provide the recommendations for accommodations, modifications or interventions that can be part of the medical review. (See Section 226.160(c)(1).) In order to maintain the authorizations, anyone completing the training or passing the test would still need to complete any professional development required of certified school nurses under agency rules governing Educator Licensure (23 Ill. Code 25.275).

Further concerns about the availability of CSNs also resulted in these two alternative ways of showing competency being extended beyond July 1, 2016, in circumstances when school districts and cooperatives are unable to find CSNs to conduct the complete medical review. Section 226.160(c)(2) addresses this exception.

Medical Review Definition. The rules also contained a definition of what is meant by "medical review", as how one is performed and the data collected varies across the state. For this reason, a consistent definition of the minimum components that a medical review must contain will assist school districts and special education cooperatives in providing appropriate assessments of their students' needs and determining the services that should be provided based on those needs. The definition also satisfies an agreement reached

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with the Joint Committee on Administrative Rules in 2012 concerning a previous rulemaking that addressed the medical review process.

16) Information and questions regarding this adopted rulemaking shall be directed to:

David Andel, Division Administrator Illinois State Board of Education 100 North First Street, N-253 Springfield, Illinois 62777

217/782-5589

The full text of the Adopted Amendments begins on the next page:

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TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS

PART 226 SPECIAL EDUCATION

SUBPART A: GENERAL

Section 226.10 Purpose 226.50 Requirements for a Free Appropriate Public Education (FAPE) 226.60 Charter Schools 226.75 Definitions

SUBPART B: IDENTIFICATION OF ELIGIBLE CHILDREN

Section 226.100 Child Find Responsibility 226.110 Evaluation Procedures 226.120 Reevaluations 226.130 Additional Procedures for Students Suspected of or Having a Specific Learning Disability 226.135 Additional Procedures for Students Suspected of or Having a Cognitive Disability 226.140 Modes of Communication and Cultural Identification 226.150 Evaluation to be Nondiscriminatory 226.160 Medical ReviewDetermination of Eligibility (Repealed) 226.170 Criteria for Determining the Existence of a Specific Learning Disability (Repealed) 226.180 Independent Educational Evaluation 226.190 Reevaluation (Repealed)

SUBPART C: THE INDIVIDUALIZED EDUCATION PROGRAM (IEP)

Section 226.200 General Requirements 226.210 IEP Team 226.220 Development, Review, and Revision of the IEP 226.230 Content of the IEP

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226.240 Determination of Placement 226.250 Child Aged Three Through Five 226.260 Child Reaching Age Three

SUBPART D: PLACEMENT

Section 226.300 Continuum of Placement Options 226.310 Related Services 226.320 Service to Students Living in Residential Care Facilities 226.330 Placement by School District in State-Operated or Nonpublic Special Education Facilities 226.340 Nonpublic Placements by Parents Where FAPE is at Issue 226.350 Service to Parentally-Placed Private School Students 226.360 Placement by School Districts in Remote Educational Programs

SUBPART E: DISCIPLINE

Section 226.400 Disciplinary Actions 226.410 Manifestation Determination Review (Repealed) 226.420 Appeals (Repealed) 226.430 Protection for Children Not Yet Eligible for Special Education (Repealed) 226.440 Referral to and Action by Law Enforcement and Judicial Authorities (Repealed)

SUBPART F: PROCEDURAL SAFEGUARDS

Section 226.500 Language of Notifications 226.510 Notification of Parents' Rights 226.520 Notification of District's Proposal 226.530 Parents' Participation 226.540 Consent 226.550 Surrogate Parents 226.560 Mediation 226.570 State Complaint Procedures

SUBPART G: DUE PROCESS

Section

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226.600 Calculation of Timelines 226.605 Request for Hearing; Basis (Repealed) 226.610 Information to Parents Concerning Right to Hearing 226.615 Procedure for Request 226.620 Denial of Hearing Request (Repealed) 226.625 Rights of the Parties Related to Hearings 226.630 Qualifications, Training, and Service of Impartial Due Process Hearing Officers 226.635 Appointment, Recusal, and Substitution of Impartial Due Process Hearing Officers 226.640 Scheduling the Hearing and Pre-Hearing Conference 226.645 Conducting the Pre-Hearing Conference 226.650 Child's Status During Due Process Hearing (Repealed) 226.655 Expedited Due Process Hearing 226.660 Powers and Duties of Hearing Officer 226.665 Record of Proceedings 226.670 Decision of Hearing Officer; Clarification 226.675 Monitoring and Enforcement of Decisions; Notice of Ineligibility for Funding 226.680 Reporting of Decisions (Repealed) 226.690 Transfer of Parental Rights

SUBPART H: ADMINISTRATIVE REQUIREMENTS

Section 226.700 General 226.710 Policies and Procedures 226.720 Facilities and Classes 226.730 Class Size for 2009-10 and Beyond 226.731 Class Size Provisions for 2007-08 and 2008-09 226.735 Work Load for Special Educators 226.740 Records; Confidentiality 226.750 Additional Services 226.760 Evaluation of Special Education 226.770 Fiscal Provisions 226.780 Procedures for Withdrawal Hearings before the Regional Board of School Trustees

SUBPART I: PERSONNEL

Section 226.800 Personnel Required to be Qualified

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226.810 Special Education Teaching Approval 226.820 Authorization for Assignment 226.830 List of Independent Evaluators 226.840 Qualifications of Evaluators 226.850 List of Qualified Workers 226.860 List of Noncertified Employees

AUTHORITY: Implementing Article 14 and authorized by Section 2-3.6 of the School Code [105 ILCS 5/Art.14 and 2-3.6].

SOURCE: Adopted August 12, 1976; rules repealed and new emergency rules adopted at 2 Ill. Reg. 37, p. 29, effective September 1, 1978, for a maximum of 150 days; rules repealed and new rules adopted at 3 Ill. Reg. 5, p. 932, effective February 1, 1979; emergency amendment at 4 Ill. Reg. 38, p. 328, effective September 15, 1980, for a maximum of 150 days; amended at 5 Ill. Reg. 8021, effective July 22, 1981; amended at 6 Ill. Reg. 558, effective December 23, 1981; emergency amendment at 7 Ill. Reg. 6511, effective May 6, 1983, for a maximum of 150 days; emergency amendment at 7 Ill. Reg. 8949, effective July 15, 1983, for a maximum of 150 days; codified at 8 Ill. Reg. 6669; amended at 8 Ill. Reg. 7617, effective May 17, 1984; emergency amendment at 10 Ill. Reg. 3292, effective January 27, 1986, for a maximum of 150 days; emergency expired June 24, 1986; amended at 10 Ill. Reg. 18743, effective October 22, 1986; amended at 10 Ill. Reg. 19411, effective October 31, 1986; amended at 13 Ill. Reg. 15388, effective September 14, 1989; emergency amendment at 14 Ill. Reg. 11364, effective June 26, 1990, for a maximum of 150 days; emergency expired November 23, 1990; amended at 15 Ill. Reg. 40, effective December 24, 1990; amended at 16 Ill. Reg. 12868, effective August 10, 1992; emergency amendment at 17 Ill. Reg. 13622, effective August 3, 1993, for a maximum of 150 days; emergency expired December 31, 1993; amended at 18 Ill. Reg. 1930, effective January 24, 1994; amended at 18 Ill. Reg. 4685, effective March 11, 1994; amended at 18 Ill. Reg. 16318, effective October 25, 1994; amended at 19 Ill. Reg. 7207, effective May 10, 1995; amended at 20 Ill. Reg. 10908, effective August 5, 1996; amended at 21 Ill. Reg. 7655, effective July 1, 1997; Part repealed, new Part adopted at 24 Ill. Reg. 13884, effective August 25, 2000; amended at 27 Ill. Reg. 8126, effective April 28, 2003; amended at 31 Ill. Reg. 9915, effective June 28, 2007; amended at 32 Ill. Reg. 4828, effective March 21, 2008; amended at 34 Ill. Reg. 17433, effective October 28, 2010; amended at 35 Ill. Reg. 8836, effective May 26, 2011; peremptory amendment, pursuant to PA 97-461, at 35 Ill. Reg. 14836, effective August 22, 2011; amended at 36 Ill. Reg. 12648, effective July 18, 2012; amended at 36 Ill. Reg. 12870, effective July 24, 2012; amended at 37 Ill. Reg. 16788, effective October 2, 2013.

SUBPART B: IDENTIFICATION OF ELIGIBLE CHILDREN

Section 226.160 Medical ReviewDetermination of Eligibility (Repealed)

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a) In accordance with 34 CFR 300.304(c)(4), any student who is being evaluated or re-evaluated for special education services shall be assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, communicative status and motor abilities. The results of the medical review shall be used by the IEP team to address any educationally relevant medical findings or other health concerns that may affect the provision of FAPE to students with disabilities. The medical review shall consist of the following components.

1) Subjective information, if relevant, which may include:

A) a description of the perceptions that the parents and student, as applicable, have regarding the student's health;

B) a health history of the student from the parents; and

C) a description of perceptions of the student's teachers relative to how the student's health may be affecting his or her academic performance or access to the curriculum.

2) Objective information, if relevant, which shall include:

A) a summary of information contained in the student's health record and the record of other health-related information, as defined at 23 Ill. Adm. Code 375.10 (Definitions), about his or her prior and current health conditions; and

B) a summary of any relevant health-related information obtained from records provided by or requested from the student's parent, health care provider or health facility where the student has received services, which may address prenatal and birth history; early growth and development; medical issues the child has experienced; hospitalizations and significant injuries; medical diagnosis, if any; and medications or treatments the child currently receives.

3) Nursing services, if relevant, which shall include the identification of the school health services or school nurse services necessary to enable a

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student with a disability to receive FAPE as described in his or her IEP. (See 34 CFR 300.34(c)(13).)

4) Educationally relevant medical findings, which shall include the identification of the medical conditions and other health-related issues that are likely to adversely affect a child's educational performance.

5) Recommendations, which shall include an analysis of the information gathered for the purpose of:

A) determining the medical, school health and/or school nurse services that should be provided during the school day; and

B) developing a proposed plan that provides for specific accommodations, modifications or interventions to be implemented when educationally relevant medical, school health and/or school nurse findings are made, which shall include annual goals, short-term objectives and ongoing evaluation. b) Qualifications of Personnel

1) Until June 30, 2016, the practitioners who are qualified to conduct a medical review that addresses each of the components listed in subsection (a) of this Section shall be limited to:

A) An individual who holds a professional educator license endorsed for school support personnel in school nursing, pursuant to 23 Ill. Adm. Code 25.245 (Endorsement for School Nurses); or

B) An individual licensed to practice medicine in all of its branches pursuant to the Medical Practice Act of 1987 [225 ILCS 60]; or

C) An individual licensed as a registered professional nurse pursuant to Article 60 of the Nurse Practice Act [225 ILCS 65/Art. 60]; or

D) An individual licensed as an advanced practice nurse pursuant to Article 65 of the Nurse Practice Act [225 ILCS 65/Art. 65].

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2) Beginning July 1, 2016, the practitioners who are qualified to conduct certain components of the medical review, as identified in this subsection (b)(2), shall be limited to:

A) An individual who holds a professional educator license endorsed for school support personnel in school nursing, pursuant to 23 Ill. Adm. Code 25.245 (Endorsement for School Nurses), who may conduct any of the components listed in subsections (a)(1) through (5) of this Section; or

B) An individual licensed to practice medicine in all of its branches pursuant to the Medical Practice Act of 1987 [225 ILCS 60], who may conduct any of those components listed in subsections (a)(1) through (4) of this Section; or

C) An individual licensed as a registered professional nurse pursuant to Article 60 of the Nurse Practice Act [225 ILCS 65/Art. 60] and who also holds a bachelor's degree in nursing, education or a related field, who may conduct any of those components listed in subsections (a)(1) through (4) of this Section; or

D) An individual licensed as an advanced practice nurse pursuant to Article 65 of the Nurse Practice Act [225 ILCS 65/Art. 65], who may conduct any of those components listed in subsections (a)(1) through (4) of this Section. c) Certain exceptions shall apply to the personnel qualifications set forth in subsection (b) of this Section.

1) After July 1, 2016, an individual meeting the qualifications set forth in subsection (b)(1)(B), (b)(1)(C) or (b)(1)(D) of this Section who is currently employed by a school district or special education cooperative also may continue to conduct activities described in subsection (a)(5) of this Section, provided that no later than June 30, 2016, he or she:

A) successfully completes a training course specific to special education laws and regulations and students with disabilities that is approved by the State Board of Education; or

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B) passes the content-area test for the school nurse endorsement authorized under 105 ILCS 5/21B-30 and subject to the limitations regarding testing attempts set forth in 23 Ill. Adm. Code 25.720(i) (Applicability of Testing Requirement and Scores).

C) Any practitioner receiving authorization under subsection (c)(1) of this Section to conduct activities set forth in subsection (a)(5) of this Section retains that authorization provided he or she completes the professional development required at 23 Ill. Adm. Code 25.275 (Renewal of the Professional Educator License for School Support Personnel).

2) Beginning on July 1, 2016, a school district or special education cooperative may first employ a practitioner to conduct the activities described in subsection (a)(5) of this Section who is not fully qualified, provided that each of the conditions listed in this subsection (c)(2) are met.

A) A school district or special education cooperative has not been able to recruit an individual meeting the qualifications set forth in subsection (b)(1)(A) of this Section due to a shortage of these individuals.

B) The school district or special education cooperative must be actively engaged in the recruitment process, as evidenced by written documentation such as notices on the agency's website, postings with professional organizations, or personnel notices placed in newspapers, either online or in print. The school district or special education cooperative shall retain this documentation, which must include the date of publication or notice, for the duration of the employment of the practitioner recruited under the provisions of subsection (c)(2) of this Section, and make it available upon request to the State Board of Education or its designee.

C) Any individual hired pursuant to subsection (c)(2) of this Section shall meet the qualifications of subsection (b)(2)(B), (b)(2)(C) or (b)(2)(D) of this Section and meet either of the requirements stated in subsection (c)(1) of this Section as soon as is practicable, but in no case longer than 12 months from the date of hire.

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D) Any practitioner receiving authorization under this subsection (c)(2) to conduct activities set forth in subsection (a)(5) of this Section retains that authorization provided he or she completes the professional development required at 23 Ill. Adm. Code 25.275 (Renewal of the Professional Educator License for School Support Personnel).

(Source: Old Section repealed at 31 Ill. Reg. 9915, effective June 28, 2007; new Section added at 37 Ill. Reg. 16788, effective October 2, 2013)

SUBPART I: PERSONNEL

Section 226.840 Qualifications of Evaluators

The following list identifies the credentials required to administer certain types of evaluations. Where no requirements are established, an evaluation may be performed by an individual who is qualified to administer it according to the technical specifications of the publisher.

TYPE REQUIRED QUALIFICATIONS Academic Performance Teaching certificate/approval appropriate for the age or disability of the child, or School Service Personnel Certificate endorsed for school psychology or guidance. (See Article 21 of the School Code [105 ILCS 5/Art. 21] and the State Board's rules at 23 Ill. Adm. Code 1 and 23 Ill. Adm. Code 25.)

Adapted Physical Education Special Certificate endorsed for physical education with approval in adapted physical education (23 Ill. Adm. Code 25.43).

Assistive Technology To the extent that a test is used in performing this assessment, qualification for administering the test according to the instructions provided by the test's publisher.

Audiological License to practice as an Audiologist issued by the Department of Financial and Professional Regulation pursuant to the Illinois Speech-

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Language Pathology and Audiology Practice Act [225 ILCS 110].

Clinical Psychological License issued pursuant to the Clinical Psychologist Licensing Act [225 ILCS 15].

Cultural Background Assessment School Service Personnel Certificate endorsed for school psychology, school social work, or school counseling.

Hearing Screening License to practice as an Audiologist issued by the Department of Financial and Professional Regulation pursuant to the Illinois Speech- Language Pathology and Audiology Practice Act [225 ILCS 110], Special Certificate endorsed for speech and language impairment (23 Ill. Adm. Code 25.45), or certificate of training issued by the Department of Public Health (77 Ill. Adm. Code 675).

Learning Processes Evaluation School Service Personnel Certificate endorsed for school psychology or Special Preschool-Age 21 Certificate endorsed for Learning Behavior Specialist I.

Medical Review Meet the requirements set forth in Section 226.160 of this Part, as applicable.

Until June 30, 2013, School Service Personnel Certificate endorsed for school nursing (23 Ill. Adm. Code 25.245), or a license to practice medicine in all of its branches, or under Section 60 or 65 of the Nurse Practice Act [225 ILCS 65].

Beginning July 1, 2013, a School Service Personnel Certificate endorsed for school nursing (23 Ill. Adm. Code 25.245); or a license to practice medicine in all of its branches; or a bachelor's degree or higher and a license issued under Article 60 or Article 65 of the Nurse Practice Act [225

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ILCS 65/Art. 60 or Art. 65], provided that only a person holding a School Service Personnel Certificate endorsed for school nursing shall make recommendations regarding educational interventions, accommodations or modifications based on the findings of the student's medical review.

Neurological Evaluation Licensure/registration issued by the Department of Financial and Professional Regulation pursuant to the Medical Practice Act of 1987 [225 ILCS 60].

Occupational Therapy Evaluation Certificate/Registration issued by the Department of Financial and Professional Regulation pursuant to the Illinois Occupational Therapy Practice Act [225 ILCS 75].

Orientation/Mobility Certification for orientation/mobility instruction and evaluation (Certification for Orientation and Mobility, Orientation and Mobility Division, Association for Education and Rehabilitation of the Blind and Visually Impaired, 4600 Duke Street, #430, P.O. Box 22397, Alexandria, Virginia 22304; 1984; no later amendments or editions are included).

Physical Therapy Evaluation Certificate/registration issued by the Department of Financial and Professional Regulation pursuant to the Illinois Physical Therapy Act [225 ILCS 90].

Psychiatric Evaluation Licensure/registration issued by the Department of Financial and Professional Regulation pursuant to the Medical Practice Act of 1987.

School Psychological School Service Personnel Certificate endorsed for school psychology.

Social Developmental Study (Adaptive School Service Personnel Certificate endorsed for Behavior, Cultural Background, Family social work, guidance, or school psychology (23

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History) Ill. Adm. Code 25.215, 25.225, or 25.235).

Speech and Language Assessment Special Preschool-Age 21 Certificate endorsed for speech and language impairment or speech- language pathology (23 Ill. Adm. Code 25.45), or School Service Personnel Certificate endorsed for speech-language pathology (23 Ill. Adm. Code 25.250).

Vision Screening Certificate of training issued by the Department of Public Health (77 Ill. Adm. Code 675).

(Source: Amended at 37 Ill. Reg. 16788, effective October 2, 2013)

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1) Heading of the Part: Transitional Bilingual Education

2) Code Citation: 23 Ill. Adm. Code 228

3) Section Numbers: Adopted Action: 228.5 Amendment 228.10 Amendment 228.15 Amendment 228.20 Amendment 228.25 Amendment 228.27 Amendment 228.30 Amendment 228.35 Amendment 228.40 Amendment 228.50 Amendment 228.60 Amendment

4) Statutory Authority: 105 ILCS 5/2-3.39(1) and Art. 14C

5) Effective Date of Rulemaking: October 2, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? Yes; see Sections 228.25(b)(1), 228.30(b)(4), 228.30(c)(1)(C), and 228.30(d)(2)(A).

8) A copy of the adopted rulemaking, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in Illinois Register: May 31, 2013; 37 Ill. Reg. 7400

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: Additional flexibility was provided in Section 228.30(c)(3)(B)(v) to provide native language instruction in circumstances where the language has no written component or where written materials are not available, provided the instruction and support is based on the student's needs.

The citation to parent advisory committees in Section 228.50(b)(4)(F) was corrected to reflect the new location of the information resulting from other proposed changes.

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12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? Yes

13) Will this rulemaking replace any emergency rulemaking currently in effect? No

14) Are there any other proposed rulemakings pending on this Part? No

15) Summary and Purpose of the Rulemakings: PA 97-305, effective January 1, 2012 directed the Illinois Advisory Council on Bilingual Education (IACBE) to address the following questions:

1. whether and how the 20 child per attendance center minimum in Section 14C-3 of the School Code should be modified; 2. whether and how educator certification requirements in Article 14C of the School Code and applicable State Board of Education rules should be modified; 3. whether and how bilingual education requirements in Article 14C and applicable State Board of Education rules should be modified to address differences between elementary and secondary schools; and 4. whether and how to allow school districts to administer alternative bilingual education programs instead of transitional bilingual education programs.

In the report prepared pursuant to PA 97-305, IACBE recommended revising the criteria used to place students into part-time transitional bilingual education (TBE) programs (i.e., questions 1 and 3). Based on the recommendations of the IACBE, this rulemaking provides additional criteria that districts may use, in lieu of English proficiency, to place students in part-time transitional bilingual education (TBE) programs. New Section 228.30(c)(3)(B) lists these criteria, which address multiple student characteristics for school districts to consider when determining whether a student needs native language instruction in all core subject areas and, if not, whether the student would benefit from a part-time TBE placement. Provisions already stated in the law and rules concerning parental notification and their agreeing to the placement apply to districts choosing a part-time option for any student. Section 228.30(c)(3)(B) provides school districts with additional flexibility in making part-time placements.

The term "limited English proficient (LEP)", as currently used in Part 228, has been changed to "English learners". LEP is no longer the term used generally among educators and researchers in the field of English language acquisition. The term "English learners" is considered to be a more sensitive term to indicate that students are in the process of learning English.

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Additionally, new provisions put in place by PA 97-915, effective January 1, 2013 regarding bilingual parent advisory committees have resulted in several minor changes to Section 228.30(c)(4).

Other technical changes also include: • incorporating the "2012 Amplification of the English Language Development Standards Kindergarten-Grade 12", which is the most updated version of these standards available; • fixing a cross-reference to the Part governing Early Childhood Block Grants for noncertified personnel; • updating terminology to reflect the educator licensure system; • clarifying when annual assessment scores may be used in place of scores obtained from a screening instrument for newly enrolled students; and • correcting the due date for submission of the final expenditure report.

16) Information and questions regarding this adopted rulemaking shall be directed to:

David Nieto Gonzalez, Division Administrator English Language Learning Division Illinois State Board of Education 100 West Randolph, Suite 14-300 Chicago, Illinois 60602

312/814-3850

The full text of the Adopted Amendments begins on the next page:

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TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS

PART 228 TRANSITIONAL BILINGUAL EDUCATION

Section 228.5 Purpose and Applicability 228.10 Definitions 228.15 Identification of Eligible Students 228.20 Student Language Classification Data 228.25 Program Options, Placement, and Assessment 228.27 Language Acquisition Services for Certain Students Exiting the Program 228.30 Establishment of Programs 228.35 Personnel Qualifications; Professional Development 228.40 Students' Participation; Records 228.50 Program Plan Approval and Reimbursement Procedures 228.60 Evaluation

AUTHORITY: Implementing Article 14C and authorized by Section 2-3.39(1) of the School Code [105 ILCS 5/Art. 14C and 2-3.39(1)].

SOURCE: Adopted May 28, 1976; codified at 8 Ill. Reg. 5176; Part repealed, new Part adopted at 11 Ill. Reg. 5969, effective March 23, 1987; amended at 17 Ill. Reg. 104, effective December 18, 1992; amended at 26 Ill. Reg. 898, effective January 15, 2002; amended at 27 Ill. Reg. 9996, effective June 20, 2003; amended at 30 Ill. Reg. 17434, effective October 23, 2006; amended at 34 Ill. Reg. 11581, effective July 26, 2010; amended at 35 Ill. Reg. 3735, effective February 17, 2011; amended at 35 Ill. Reg. 16870, effective September 29, 2011; amended at 37 Ill. Reg. 16803, effective October 2, 2013.

Section 228.5 Purpose and Applicability

a) This Part establishes requirements for school districts' provision of services to students in preschool through grade 12 who have been identified as limited English learnersproficient in accordance with Article 14C of the School Code [105 ILCS 5/14C] and this Part.

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b) The requirements of Article 14C of the School Code and this Part shall apply to every school district in Illinois, regardless of whether the district chooses to seek funding pursuant to Section 228.50 of this Part.

(Source: Amended at 37 Ill. Reg. 16803, effective October 2, 2013)

Section 228.10 Definitions

"English as a Second Language" or "ESL" means specialized instruction designed to assist students whose home language is other than English in attaining English language proficiency. ESL instruction includes skills development in listening, speaking, reading, and writing. (ESL is not to be confused with English language arts as taught to students whose home language is English.)

"English Language Proficiency Assessment" means the ACCESS for ELLs® (World-class Instructional Design and Assessment Consortium, Wisconsin Center for Education Research (WCER), University of Wisconsin-Madison, 1025 West Johnson Street, MD#23, Madison WI 53706 (2006)).

"English Learners" means any student in preschool, kindergarten or any of grades 1 through 12, whose home language background is a language other than English and whose proficiency in speaking, reading, writing, or understanding English is not yet sufficient to provide the student with:

the ability to meet the State's proficient level of achievement on State assessments;

the ability to successfully achieve in classrooms where the language of instruction is English; or

the opportunity to participate fully in the school setting.

For the purposes of this Part, the terms "limited English proficient student" and "students with limited English proficiency", as used in Article 14C of the School Code, are understood to be "English learners".

"Home Language" means that language normally used in the home by the student and/or by the student's parents or legal guardians.

"Language Background other than English" means that the home language of a

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NOTICE OF ADOPTED AMENDMENTS student in preschool, kindergarten or any of grades 1 through 12, whether born in the United States or born elsewhere, is other than English or that the student comes from a home where a language other than English is spoken by the student, or by his or her parents or legal guardians, or by anyone who resides in the student's household.

"Preschool Program" means instruction provided to children who are ages 3 up to but not including those of kindergarten enrollment age as defined in Section 10- 20.12 of the School Code [105 ILCS 5/10-20.12] in any program administered by a school district, regardless of whether the program is provided in an attendance center or a non-school-based facility.

"Prescribed Screening Instrument" means the:

WIDA ACCESS Placement Test (W-APT™) (2006 or 2007) for students entering or in the second semester of grade 1 or in grades 2 through 12 (World-class Instructional Design and Assessment Consortium, Wisconsin Center for Education Research (WCER), University of Wisconsin-Madison, 1025 West Johnson Street, MD#23, Madison WI 53706);

Measure of Developing English Language (MODEL™) (2008) for students entering kindergarten or the first semester of grade 1 (World- class Instructional Design and Assessment Consortium, Wisconsin Center for Education Research (WCER), University of Wisconsin-Madison, 1025 West Johnson Street, MD#23, Madison, WI 53706).

"Prescribed Screening Procedures" means the procedures that a school district determines to be appropriate to assess a preschool student's level of English language proficiency (minimally in the domains of speaking and listening), in order to determine whether the student is eligible to receive bilingual education services. The procedures may include, without limitation, established screening instruments or other procedures provided that they are research-based. Further, screening procedures shall at least:

Be age and developmentally appropriate;

Be culturally and linguistically appropriate for the children being screened;

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Include one or more observations using culturally and linguistically appropriate tools;

Use multiple measures and methods (e.g., home language assessments; verbal and nonverbal procedures; various activities, settings, and personal interactions);

Involve family by seeking information and insight to help guide the screening process without involving them in the formal assessment or interpretation of results; and

Involve staff who are knowledgeable about preschool education, child development, and first and second language acquisition.

"Sheltered Content Instruction" means instruction that is generally intended for English learners who demonstrate intermediate or advanced English proficiency and consists of adapting the language used in the particular subject to the student's English proficiency level to assist the student in understanding the content of the subject area and acquiring the knowledge and skills presented.

"Students of Limited English Proficiency" means students in preschool, kindergarten or any of grades 1 through 12, whether born in the United States or born elsewhere, whose home language background is a language other than English and whose difficulties in speaking, reading, writing, or understanding English may be sufficient to deny them:

the ability to meet the State's proficient level of achievement on State assessments;

the ability to successfully achieve in classrooms where the language of instruction is English; or

the opportunity to participate fully in the school setting.

(Source: Amended at 37 Ill. Reg. 16803, effective October 2, 2013)

Section 228.15 Identification of Eligible Students

a) Each school district shall administer a home language survey with respect to each student in preschool, kindergarten or any of grades 1 through 12 who is entering

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the district's schools or any of the district's preschool programs for the first time, for the purpose of identifying students who have a language background other than English. The survey should be administered as part of the enrollment process or, for preschool programs, by the first day the student commences participation in the program. The survey shall include at least the following questions, and the student shall be identified as having a language background other than English if the answer to either question is yes:

1) Whether a language other than English is spoken in the student's home and, if so, which language; and

2) Whether the student speaks a language other than English and, if so, which language. b) The home language survey shall be administered in English and, if feasible, in the student's home language. c) The home language survey form shall provide spaces for the date and the signature of the student's parent or legal guardian. d) The completed home language survey form shall be placed into the student's temporary record as defined in 23 Ill. Adm. Code 375 (Student Records). e) The district shall screen the English language proficiency of each student identified through the home language survey as having a language background other than English by using the prescribed screening instrument applicable to the student's grade level (i.e., kindergarten or any of grades 1 through 12) or the prescribed screening procedures identified by the preschool program. This screening shall take place within 30 days either after the student's enrollment in the district or, for preschool programs, after the student commences participation in the program, for the purpose of determining the student's eligibility for bilingual education services and, if eligible, the appropriate placement for the student. For kindergarten, all students identified through the home language survey, including students previously screened when enrolled in preschool, must be screened using the prescribed screening instrument for kindergarten.

1) The prescribed screening instrument does not need to be administered to a student who, in his or her previous school district:

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A) has been screened and identified as English language proficient as required in this subsection (e); or

B) has met the State exit requirements as described in Section 228.25(b)(2) of this Part; or

C) has met all of the following criteria:

i) resides in a home where a language other than English is spoken, and

ii) has not been screened or identified as ana student with limited English learnerproficiency, and

iii) has been enrolled in the general program of instruction in the school he or she has previously attended, and

iv) has been performing at or above grade level as evidenced by having met or exceeded the Illinois Learning Standards in reading and math on the student's most recent State assessment administered pursuant to Section 2-3.64 of the School Code [105 ILCS 5/2-3.64] or, for students for whom State assessment scores are not available, a nationally normed standardized test, provided that either assessment was not administered with accommodations for students of limited English learnersproficiency. This provision applies only to a student who had been enrolled in any of the grades in which the State assessment is required to be administered in accordance with Section 2- 3.64 of the School Code.

2) For purposes of eligibility and placement, a district must rely upon a student's score attained on the English language proficiency assessment prescribed under Section 228.25(b) of this Part, if available from another school district or another state, provided that the score was achieved no sooner than the school year previous to the student's enrollment in the districtno more than 12 months prior to the district's need to assess the student's proficiency in English.

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3) If results are not available pursuant to subsection (e)(2) of this Section, then a district must rely upon a student's score on the prescribed screening instrument if available from another school district or another state for the purposes of eligibility and placement for students entering any of grades 1 through 12, if the student's score on the prescribed screening instrument was achieved no more than 12 months prior to the district's need to assess the student's proficiency in English.

4) Each student whose score on the prescribed screening instrument or procedures, as applicable, is identified as not "proficient" as defined by the State Superintendent of Education shall be considered to be anhave limited English learnerproficiency and therefore to be eligible for, and shall be placed into a program of, bilingual education services.

A) For preschool programs using a screening procedure other than an established assessment tool where "proficiency" is defined as part of the instrument, "proficiency" is the point at which performance identifies a child as proficient in English, as set forth in the program's proposed screening process.

B) For any preschool student who scores at the "proficient" level, the school district may consider additional indicators such as teachers' evaluations of performance, samples of a student's work, or information received from family members and school personnel in order to determine whether the student's proficiency in English is limited and the student is eligible for services. f) Each district shall ensure that any accommodations called for in the Individualized Education Programs of students with disabilities are afforded to those students in the administration of the screening instrument or procedures, as applicable, discussed in this Section and the English language proficiency assessment prescribed under Section 228.25(b) of this Part. g) The parent or guardian of any child resident in a school district who has not been identified as an having limited English learnerproficiency may request the district to determine whether the child should be considered for placement in a bilingual education program, and the school district shall make that determination upon request, using the process described in this Section.

(Source: Amended at 37 Ill. Reg. 16803, effective October 2, 2013)

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Section 228.20 Student Language Classification Data

In order to meet the requirements of Section 14C-3 of the School Code, every school district shall update its individual student records in the Student Information System (SIS) authorized under 23 Ill. Adm. Code 1.75 (Public Schools Evaluation, Recognition and Supervision) no later than the first day in March of each year to reflect the following information [105 ILCS 5/14C-3]:

a) whether the student has a language background other than English, as identified via the home language survey;

b) whether the student has been identified as an having limited English learnerproficiency based on the results of the prescribed screening instrument or procedures, as applicable, or the English language proficiency assessment discussed in Section 228.15(e) or Section 228.25(b) of this Part; and

c) the home language, birth date, and grade or achievement level of the student identified as anhaving limited English learnerproficiency.

(Source: Amended at 37 Ill. Reg. 16803, effective October 2, 2013)

Section 228.25 Program Options, Placement, and Assessment

a) Program Options and Placement

1) When an attendance center has an enrollment of 20 or more English learnerslimited English proficient students of the same language classification the school district must establish a transitional bilingual education (TBE) program for each language classification represented by those students. (Section 14C-3 of the School Code) (See; also see Section 228.30(c) of this Part.) A further assessment of those students to determine their specific programmatic needs or for placement in either a full-time or a part-time program may be conducted. This subsection (a)(1) applies only to students enrolled in kindergarten or any of grades 1 through 12 in an attendance center.

2) When an attendance center has an enrollment of 19 or fewer English learnersstudents of limited English proficiency of any single language classification other than English, the school district shall conduct an

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individual student language assessment to determine each student's need for home language instruction and may provide a transitional bilingual program in the languages other than English common to these students. If the district elects not to provide a transitional bilingual program, the district shall provide a locally determined transitional program of instruction (TPI) for those students. (Section 14C-3 of the School Code) (See; also see Section 228.30(d) of this Part.) This subsection (a)(2) applies only to students enrolled in kindergarten or any of grades 1 through 12 in an attendance center.

3) When a preschool program of the school district has an enrollment of 20 or more students of limited English learnersproficiency of any single language classification other than English in an attendance center or a non-school-based facility, the school district shall establish a TBE program for each language classification represented by the students. If the preschool program of an attendance center or non-school-based facility has 19 or fewer students of limited English learnersproficiency of any single language classification other than English, then the school district shall meet the requirements of subsection (a)(2) of this Section when determining placement and the program to be provided. b) English Language Proficiency Assessment

1) School districts must annually assess the English language proficiency, including aural comprehension (listening), speaking, reading, and writing skills, of all English learnerschildren of limited English-speaking ability in kindergarten and any of grades 1 through 12 (Section 14C-3 of the School Code) using the English language proficiency assessment prescribed by the State Superintendent of Education. This assessment shall be administered during a testing window designated by the State Superintendent, for the purpose of determining individual students' continuing need and eligibility for bilingual education services. The annual assessment shall be based on the 2012 Amplification of the English Language Development Standards Kindergarten-Grade 12"English Language Proficiency Standards for English Language Learners in PreKindergarten through Grade 12" (20122007), published by the Board of Regents of the University of Wisconsin System on behalf of the WIDA Consortium, University of Wisconsin-Madison, 1025 West Johnson Street, MD #23, Madison WI 53706, and posted at http://wida.us/standards/eld.aspxhttp://www.wida.us/standards/elp.aspx.

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No later amendments to or editions of these standards are incorporated by this Section.

2) The State Superintendent shall determine and post on the State Board's website no later than September 1, 2010 the composite score and the literacy score that will be used to determine whether a student is identified as "proficient". Should the minimum scores be modified, the State Superintendent shall inform school districts no later than July 1 of the scores to be used and modify the State Board's website accordingly.

A) Each student whose score on the English language proficiency assessment is identified as "proficient" shall exit the program of bilingual education services, subject to the provisions of Section 14C-3 of the School Code [105 ILCS 5/14C-3].

B) Each student whose score is identified as "proficient" in accordance with subsection (b)(2)(A) of this Section shall no longer be identified as anlimited English learnerproficient.

3) Each student who is not enrolled in a program under this Part but who has been identified as anhaving limited English learnerproficiency shall be required to participate in the assessment each year until he or she achieves a "proficient" score.

(Source: Amended at 37 Ill. Reg. 16803, effective October 2, 2013)

Section 228.27 Language Acquisition Services for Certain Students Exiting the Program

In accordance with Section 1703(f) of the Equal Educational Opportunities Act (EEOA), a school district must provide services that will enable limited English learnersproficient students to "overcome barriers that impede equal participation by these students in the district's instructional programs" (see 20 USC 1703). Section 14C-3 of the School Code, however, authorizes school districts to discontinue services to students who have been enrolled and participated in the TBE or TPI program for three consecutive years. In instances where a school district chooses to discontinue TBE or TPI program services as permitted under Section 14C-3 of the School Code for those students who have not achieved English proficiency as determined by the process set forth in Section 228.25(b) of this Part, the district shall submit a plan to the State Superintendent that describes the actions it will take to meet its obligations under Section 1703(f) of the EEOA. Any amendments to the plan shall be submitted to the State Superintendent no later than 30 days following adoption of the changes. The plan shall at least include:

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a) the process and criteria the district will use to make a determination of when to exit eligible students from the TBE or TPI program (e.g., after a certain amount of time in the program, once a prescribed academic or proficiency level is achieved);

b) The language acquisition services and methods to be provided, including how the services and methods differ from the general program of instruction in content, instructional goals, and the use of English and home language instruction;

c) How the program will meet the educational needs of the students and build on their academic strengths;

d) How the program will specifically help the students learn English and meet academic achievement standards for grade promotion and graduation;

e) The names and qualifications of the staff who will implement the program; and

f) How sufficient resources, including equipment and instructional materials, shall be made available to support the program.

(Source: Amended at 37 Ill. Reg. 16803, effective October 2, 2013)

Section 228.30 Establishment of Programs

a) Administrative Provisions

1) Program Facilities – Other than for preschool education programs, TBE and TPI programs shall be located in regular public school facilities rather than in separate facilities. (Section 14C-6 of the School Code [105 ILCS 5/14C-6]) If such a location is not feasible, the substitute location shall be comparable to those made available to a majority of the district's students with respect to space and equipment. If housed in a facility other than a public school (including a charter school), the school district shall provide a written explanation in its annual application to the State Superintendent of Education as to why the use of a public school building is not feasible.

2) Course Credit – Students enrolled in approved programs shall receive full credit for courses taken in these programs, which shall count toward promotion and fulfillment of district graduation requirements. Courses in

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ESL shall count toward English requirements for graduation. Students who change attendance centers or school districts shall do so without loss of credit for coursework completed in the program.

3) Extracurricular Activities – Each district shall ensure that students enrolled in programs shall have the opportunity to participate fully in the extracurricular activities of the public schools in the district. (Section 14C-7 of the School Code [105 ILCS 5/14C-7])

4) Inclusion of Students Whose First or Home Language is English – Students whose first or home language is English may be included in a program under this Part provided that all students of limited English learnersproficiency are served.

5) Joint Programs – A school district may join with one or more other school districts to provide joint programs or services in accordance with the provisions of Section 10-22.31a of the School Code [105 ILCS 5/10- 22.31a]. The designated administrative agent shall adhere to the procedures contained in 23 Ill. Adm. Code 100 (Requirements for Accounting, Budgeting, Financial Reporting, and Auditing) as they pertain to cooperative agreements.

6) Preschool and Summer School – A school district may establish preschool and summer school programs for English learnersstudents of limited English proficiency, or join with other school districts in establishing thesesuch programs. Summer school programs shall not replace programs required during the regular school year. (Section 14C-11 of the School Code [105 ILCS 5/14C-11]) A school district that offers a summer school program or preschool program shall provide transitional bilingual education programs or transitional programs of instruction for students having limited English learnersproficiency in accordance with Article 14C and this Part. b) Instructional Specifications

1) Student-Teacher Ratio – The student-teacher ratio in the ESL and home language components of programs serving students in kindergarten or any of grades 1 through 12 as of September 30 of each school year shall not exceed 90% of the average student-teacher ratio in general education classes for the same grades in that attendance center. Decreases in the

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ratio for general education during the course of a school year due to students' mobility shall not require corresponding adjustments within the bilingual program. Further, additional students may be placed into bilingual classes during the course of a school year, provided that no bilingual classroom may exhibit a student-teacher ratio that is greater than the average for general education classes in that grade and attendance center as a result of these placements. Preschool programs established pursuant to Section 2-3.71 of the School Code [105 ILCS 5/2-3.71] that provide bilingual education services shall meet the requirements of 23 Ill. Adm. Code 235.30235.30(d) (Early Childhood Block Grant) rather than the requirements of this subsection (b)(1).

2) Grade-Level Placement – Students enrolled in a program of transitional bilingual education shall be placed in classes with students of approximately the same age or grade level, except as provided in subsection (b)(3) of this Section. (Section 14C-6 of the School Code)

3) Multilevel Grouping – If students of different age groups or educational levels are combined in the same class, the school district shall ensure that the instruction given each student is appropriate to his/her age or grade level. (Section 14C-6 of the School Code) Evidence of compliance with this requirement shall be:

A) individualized instructional programs; or

B) grouping of students for instruction according to grade level.

4) Beginning with the 2012-13 school year, instruction in Spanish language arts, where provided under subsection (c) or (d) of this Section, shall be aligned to the standards that are appropriate to the ages or grade levels of the students served, which are set forth in the document titled "World- Class Instructional Design and Assessment: Spanish Language Arts Standards" (2005), published by the Board of Regents of the University of Wisconsin System on behalf of the WIDA Consortium, University of Wisconsin-Madison, 1025 West Johnson Street, MD #23, Madison WI 53706, and posted at http://wida.us/standards/sla.aspxhttp://www.wida.us/standards/sla.aspx. No later amendments to or editions of these standards are incorporated by this Section.

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5) Language Grouping – School districts may place students of limited English learnersproficiency who have different home languages in the same class, provided that, in classes taught in the home language:

A) instructional personnel or assistants representing each of the languages in the class are used; and

B) the instructional materials are appropriate for the languages of instruction.

6) Program Integration – In courses of subjects in which language is not essential to an understanding of the subject matter, including, but not necessarily limited to, art, music, and physical education, English learnersstudents of limited English proficiency shall participate fully with their English-speaking classmates. (Section 14C-7 of the School Code) c) Specific Requirements for Transitional Bilingual Education (TBE) Programs

1) Each full-time TBE program shall consist of at least the following components (Section 14C-2 of the School Code):

A) Instruction in subjects which are either required by law (see 23 Ill. Adm. Code 1) or by the student's school district, to be given in the student's home language and in English; core subjects such as math, science and social studies must be offered in the student's home language, except as otherwise provided in subsection (c)(3) of this Section;

B) Instruction in the language arts in the student's home language;

C) Instruction in English as a second language, which must align to the 2012 Amplification of the English Language Development Standards Kindergarten-Grade 12"English Language Proficiency Standards for English Language Learners in PreKindergarten through Grade 12" (20122007), published by the Board of Regents of the University of Wisconsin System on behalf of the WIDA Consortium, University of Wisconsin-Madison, 1025 West Johnson Street, MD #23, Madison WI 53706, and posted at http://wida.us/standards/eld.aspxhttp://www.wida.us/standards/elp. aspx. No later amendments to or editions of these standards are

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incorporated by this Section; and

D) Instruction in the history and culture of the country, territory, or geographic area which is the native land of the students or of their parents and in the history and culture of the United States.

2) Programs may also include other services, modifications, or activities such as counseling, tutorial assistance, learning settings, or special instructional resources that will assist students of limited English learnersproficiency in meeting the Illinois Learning Standards (see 23 Ill. Adm. Code 1, Appendix D) and for preschool programs established pursuant to Section 2-3.71 of the School Code and for kindergarten levels, the Illinois Early Learning and Development Standards – Children Age 3 to Kindergarten Enrollment AgeIllinois Early Learning Standards (see 23 Ill. Adm. Code 235, Appendix A).

3) Beginning September 1, 2013, studentsStudents may be placed into a part- time program, or students previously placed in a full-time program may be placed in a part-time program in accordance with the requirements of this subsection (c)(3).

A) Ifif an assessment of the student's English language skills has been performed in accordance with the provisions of either Section 228.15(e) or Section 228.25(b) of this Part and the assessment results indicate that the student has sufficient proficiency in English to benefit from a part-time program.

iA) EvidenceBeginning July 1, 2011, evidence of sufficient proficiency shall be achievement of the minimum score to be used for this purpose set by the State Superintendent either on the prescribed screening instrument required in Section 228.15(e) of this Part or the English language proficiency assessment required in Section 228.25(b). The State Superintendent shall inform districts of the minimum score to be used for the prescribed screening instrument or the English language proficiency assessment, and post the minimum score on the State Board's website. Should the minimum score be modified, the State Superintendent shall inform school districts no later than July 1 of the scores to be used and modify the State Board's website accordingly.

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iiB) Preschool programs shall use as evidence of sufficient proficiency either a minimum score for an established screening instrument or a minimum level of performance documented through established screening procedures.

B) If the student's score either on the prescribed screening instrument required in Section 228.15(e) of this Part or the English language proficiency assessment required in Section 228.25(b) is below the minimum identified pursuant to subsection (c)(3)(A) of this Section, the student may be placed in a part-time program only if one of the following conditions is met.

i) Native Language Proficiency A native language proficiency test documents that the student has minimal or no proficiency in the home language and a parent provides written confirmation that English is the primary language spoken in the home.

ii) Academic Performance in Subjects Taught in English Any student whose student grades, teacher recommendations and State or local assessment results in the previous school year indicate that the student has performed at or above grade level in one or more core subject areas (i.e., reading, English language arts, mathematics, physical sciences, social sciences) that were taught exclusively in English.

iii) Academic Performance Any student in a departmentalized setting whose student grades, teacher recommendations and State or local assessment results in the previous school year indicate that the student has performed at or above grade level in at least two core subject areas that were taught in a U.S. school in the student's native language or via sheltered instruction in English.

iv) Students with Disabilities Any student with a disability whose Individualized Education Program developed in accordance with 23 Ill.

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Adm. Code 226.Subpart C identifies a part-time transitional bilingual education program as the least restrictive environment for the student.

v) Limited Native Language Instruction The use of native language instruction is permissible for a student whose native language has no written component or one for which written instructional materials are not available. Oral native language instruction or support should be provided based on the student's needs.

C) District staff also shall consider the student's score and his or her proficiency in the home language; prior performance, if any, in coursework taught exclusively in English; current academic performance; and other relevant factors such as age, disability, and cultural background in order to determine whether a full-time or a part-time program is appropriate.

C4) A part-time program shall consist of components of a full-time program that are selected for a particular student based upon an assessment of the student's educational needs. Each student's part- time program shall provide daily instruction in English and in the student's home language as determined by the student's needs.

45) Parent and Community Participation – Each district or cooperativeor cooperative shall establish a parent advisory committee consisting of parents, legal guardians, transitional bilingual education teachers, counselors, and community leaders. This committee shall participate in the planning, operation, and evaluation of programs. The majority of committee members shall be parents or legal guardians of students enrolled in these programs. Membership on this committee shall be representative of the languages served in programs to the extent possible This committee shall participate in the planning, operation, and evaluation of programs. The majority of committee members shall be parents or legal guardians of students enrolled in these programs. Membership on this committee shall be representative of the languages served in programs to the extent possible. (Section 14C-10 of the School Code [105 ILCS 5/14C-10])

A) The committee shall:

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i) meet at least four times per year;

ii) maintain on file with the school district minutes of these meetings; and

iii) review the district's annual program application to the State Superintendent of Education; and.

iv) autonomously carry out their affairs, including the election of officers and the establishment of internal rules, guidelines, and procedures. (Section 14C-10 of the School Code)

B) Each district or cooperative shall ensure that training is provided annually to the members of its parent advisory committee. This training shall be conducted in language that the parent members can understand and shall encompass, but need not be limited to, information related to instructional approaches and methods in bilingual education; the provisions of State and federal law related to students' participation and parents' rights; and accountability measures relevant to students in bilingual programs. d) Specific Requirements for Transitional Program of Instruction (TPI)

1) Program Structure – The level of a student's proficiency in English, as determined by an individual assessment of the student's language skills on the basis of either the prescribed screening instrument or procedures, as applicable, required in Section 228.15(e) of this Part or the English language proficiency assessment required in Section 228.25(b) of this Part in conjunction with other information available to the district regarding the student's level of literacy in his or her home language, will determine the structure of the student's instructional program.

2) Program Components – A transitional program of instruction must include instruction or other assistance in the student's home language to the extent necessary, as determined by the district on the basis of the prescribed screening instrument or procedures, as applicable required in Section 228.15(e) of this Part or the English language proficiency assessment required in Section 228.25(b) of this Part, to enable the student to keep

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pace with his/her age or grade peers in achievement in the core academic content areas. A transitional program of instruction may include, but is not limited to, the following components:

A) instruction in ESL, which must align to the 2012 Amplification of the English Language Development Standards Kindergarten-Grade 12"English Language Proficiency Standards for English Language Learners in PreKindergarten through Grade 12" (20122007), published by the Board of Regents of the University of Wisconsin System on behalf of the WIDA Consortium, University of Wisconsin-Madison, 1025 West Johnson Street, MD #23, Madison WI 53706, and posted at http://wida.us/standards/eld.aspxhttp://www.wida.us/standards/elp. aspx. No later amendments to or editions of these standards are incorporated by this Section;

B) language arts in the students' home language; and

C) instruction in the history and culture of the country, territory, or geographic area that is the native land of the students or of their parents and in the history and culture of the United States.

(Source: Amended at 37 Ill. Reg. 16803, effective October 2, 2013)

Section 228.35 Personnel Qualifications; Professional Development

a) Each individual assigned to provide instruction in a student's home language shall meet the requirements for bilingual education teachers set forth in 23 Ill. Adm. Code 25 (Educator LicensureCertification) and 23 Ill. Adm. Code 1 (Public Schools Evaluation, Recognition and Supervision), as applicable.

b) Each individual assigned to provide instruction in ESL shall meet the requirements for ESL or English as a New Language teachers set forth in 23 Ill. Adm. Code 25 and 23 Ill. Adm. Code 1, as applicable.

c) Preschool Programs

1) Each individual assigned to provide instruction to students in a preschool program shall meet the requirements of 23 Ill. Adm.

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235.20(c)235.20(c)(8)(A) (Application Procedure and Content for New or Expanding ProgramsEarly Childhood Block Grant).

2) By July 1, 2014, each individual assigned to provide instruction to students in a preschool program also shall meet the applicable requirements of subsection (a) or (b) of this Section, depending on the assignment.

3) Staff who areNoncertificated staff employed to assist in instruction in a preschool program but do not hold a professional educator license shall meet the requirements of 23 Ill. Adm. 235.20(c)235.20(c)(8)(B). d) Administrators Beginning July 1, 2014, each individual assigned to administer a program under this Part shall meet the applicable requirements of this subsection (d).

1) Except as provided in subsections (d)(2) and (3) of this Section, any person designated to administer either a TBE or a TPI program must hold a valid administrative certificate or a supervisory endorsement issued on a professional educator licensean initial or standard teaching certificate by the State Board of Education in accordance with applicable provisions of 23 Ill. Adm. Code 25 (Educator LicensureCertification) and 23 Ill. Adm. Code 1 (Public Schools Evaluation, Recognition and Supervision) and must meet the requirements of 23 Ill. Adm. Code 1.783 (Requirements for Administrators of Bilingual Education Programs), as applicable.

2) A person designated to administer a TBE or TPI program in a district with fewer than 200 TBE/TPI students shall be exempt from all but the requirement for an administrative certificate or a supervisory endorsement issued on a professional educator licensean initial or standard teaching certificate, provided that he or she annually completes a minimum of two hours of professional development specifically designed to address the needs of students with limited English proficiency. Beginning in the 2012-13 school year, a minimum of eight hours of professional development shall be required. An assurance that this requirement has been met shall be provided annually in a school district's application submitted pursuant to Section 228.50 of this Part. Documentation for this professional development activity shall be made available to a representative of the State Board of Education upon request.

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3) A person who has been assigned to administer a TPI program in a district that experiences such growth in the number of students eligible for bilingual education that a TBE program is required shall become subject to the requirements of subsection (d)(1) of this Section at the beginning of the fourth school year of the TBE program's operation. A person who has been assigned to administer a program under subsection (d)(2) of this Section in a district where the number of students eligible for bilingual education reaches 200 shall become subject to the requirements of subsection (d)(1) of this Section at the beginning of the fourth school year in which the eligible population equals or exceeds 200 or more students. That is, each individual may continue to serve for the first three school years on the credentials that qualified him or her to administer the program previously operated. e) Professional Development for Staff

1) Each school district having a program shall annually plan professional development activities for the licensedcertificated and nonlicensednoncertificated personnel involved in the education of students of limited English learnersproficiency. This plan shall be included in the district's annual application and shall be approved by the State Superintendent of Education if it meets the standards set forth in subsections (e)(2) and (e)(3) of this Section.

2) Program staff beginning their initial year of service shall be involved in training activities that will develop their knowledge of the requirements for the program established under this Part and the employing district's relevant policies and procedures.

3) Training activities shall be provided to all bilingual program staff at least twice yearly and shall address at least one of the following areas:

A) current research in bilingual education;

B) content-area and language proficiency assessment of students with limited English learnersproficiency;

C) research-based methods and techniques for teaching students with limited English learnersproficiency;

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D) research-based methods and techniques for teaching students with limited English learnersproficiency who also have disabilities; and

E) the culture and history of the United States and of the country, territory or geographic area that is the native land of the students or of their parents.

4) In addition to any other training required under this subsection (e), each individual who is responsible for administering the prescribed screening instrument referred to in Section 228.15(e) of this Part or the annual English language proficiency assessment discussed in Section 228.25(b) of this Part shall be required to complete on-line training designated by the State Superintendent of Education and to pass the test embedded in that material.

5) Beginning in the 2012-13 school year, each district that operates either a TBE or a TPI program for students of Spanish language background in kindergarten and any of grades 1 through 12 shall provide annually at least one training session related to the implementation of the Spanish language arts standards required under Section 228.30(b)(4) of this Part for staff members of that program who are providing instruction in the Spanish language arts.

(Source: Amended at 37 Ill. Reg. 16803, effective October 2, 2013)

Section 228.40 Students' Participation; Records

a) Notice of Enrollment and Withdrawal

1) Notice of Enrollment − No later than 30 days after the beginning of the school year or 14 days after the enrollment of any student in a transitional bilingual education program in the middle of a school year, the school district shall notify by mail the parents or legal guardians of the student that their child has been enrolled in a transitional bilingual education program or a transitional program of instructionor a transitional program of instruction. The notice shall be in English and in the home language of the student and shall convey,and shall convey, in simple, nontechnical language, all of the information called for in Section 14C-4 of the School Code [105 ILCS 5/14C-4].

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2) Withdrawal by Parents − Any parent or legal guardian whose child has been enrolled in a program shall have the absolute right to withdraw the child from the program immediately by submitting a written notice of his or her desire to withdraw the child to the school authorities of the school in which the child is enrolled or to the school district in which the child resides. (Section 14C-4 of the School Code) b) Unless terminated as set forth in subsection (a)(2) of this Section, the duration of a student's participation in a program under this Part shall be as set forth in Section 14C-3 of the School Code.

1) If a student participates in a TBE or TPI in preschool or kindergarten, then that participation does not count towards the three-year total specified in Section 14C-3 of the School Code.

2) If a student exits a program after three years and is not proficient in English, then the school district shall meet the requirements of Section 228.27 of this Part. c) Maintenance of Records and Reporting Procedures

1) Report Cards − The school shall send progress reports to parents or legal guardians of students enrolled in programs in the same manner and with the same frequency as progress reports are sent to parents or legal guardians of other students enrolled in the school district.

A) Progress reports shall indicate the student's progress in the program and in the general program of instruction.

B) Progress reports shall indicate when the student has successfully completed requirements for transition from the program into the general program of instruction if that information has not been reported separately in writing to the parents or legal guardian.

C) Progress reports for all students enrolled in a program under this Part shall be written in English and in the student's home language unless a student's parents or legal guardian agrees in writing to waive this requirement. The parents' waiver shall be kept on file in accordance with subsection (c)(3) of this Section.

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2) Annual Student Reports − Each district must submit electronically the information requested by the State Superintendent using the Student Information System (see 23 Ill. Adm. Code 1.75) no later than June 30 of each year. Each district also must complete the Program Delivery Report, provided by the State Superintendent of Education, in which information on each program is compiled.

3) Records − School districts shall maintain records of each student enrolled in programs in the manner prescribed in 23 Ill. Adm. Code 375 (Student Records). These records shall include program entry/exit information, annual English language proficiency assessment scores and results from the prescribed screening instrument for students in kindergarten and any of grades 1 through 12 or the results from the prescribed screening procedures for students in preschool programs; other student information (e.g., language, grade level, and attendance); the rationale for a student's placement into a part-time program, where applicable, including documentation of the criteria, as set forth in Section 228.30(c)(3) of this Part, used to determinefactors indicating that a part-time program would be appropriate; and documentation of conferences and written communication with parents or legal guardians. Parents and legal guardians of students enrolled in programs shall have access to their students' records, as specified in 23 Ill. Adm. Code 375.

(Source: Amended at 37 Ill. Reg. 16803, effective October 2, 2013)

Section 228.50 Program Plan Approval and Reimbursement Procedures

a) Reimbursement for programs provided by school districts pursuant to the provisions of Article 14C of the School Code and this Part is contingent upon the submission and approval of a program plan and request for reimbursement in accordance with the requirements of Section 14C-12 of the School Code and this Section.

b) Program Plan Submission and Approval

1) Applications for program approval shall be submitted, on forms provided by the State Superintendent of Education, at least 60 calendar days prior to the start of the proposed initial or continuing program.

2) The State Superintendent of Education will waive the requirement in

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subsection (b)(1) of this Section only when an application is accompanied by a statement of facts showing that the waiver will enable the district to begin serving a student or students sooner than would otherwise be the case.

3) School districts shall be granted at least 45 calendar days to complete and submit applications to the State Superintendent of Education. A district's failure to submit a completed application by the date specified on the form will delay its receipt of reimbursement pursuant to subsection (c) of this Section.

4) Applications for a Transitional Bilingual Education Program and/or a Transitional Program of Instruction must contain at least the following information:

A) The number of students to be served by grade or grade equivalent and language group in a full-time or part-time program.

B) A summary description of the number and types of personnel who will provide services in the program.

C) A description of the full-time and/or part-time program to be provided to the students identified pursuant to subsection (b)(4)(A) of this Section in relation to the applicable program standards set forth in Section 228.30 of this Part.

D) Additional requirements for programs offering instruction in Spanish language arts in kindergarten and any of grades 1 through 12 to include:i)For the 2011-12 school year only, a description of the steps the district will take to align its curriculum in the Spanish language arts with the standards required under Section 228.30(b)(4) this Part; andii) For 2012-13 and each subsequent school year, a description of the methods by which the district will measure and monitor its students' progress with respect to the standards required under Section 228.30(b)(4) of this Part.

E) A budget summary containing a projection of the program expenditures (e.g., instruction, support services, administration and transportation) and offsetting revenues for the upcoming fiscal year, and a detailed budget breakdown, including allowable

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program expenditures for which reimbursement is sought, other program expenditures, and total program costs. At least 60 percent of the funding received from the State must be used for instructional costs [105 ILCS 5/14C-12]. "Instructional costs" are limited to any of the costs described under Account Number 1000, as set forth in 23 Ill. Adm. Code 100.Appendix D (Expenditure Accounts).

F) In the case of a TBE program, an assurance that the district's Bilingual Parent Advisory Committee established pursuant to Section 14C-10 of the School Code and Section 228.30(c)(4)(5) of this Part has had an opportunity to review the application.

G) Inclusion of certifications, assurances and program-specific terms of the grant, as the State Board of Education may require, to be signed by the applicant that is a party to the application and submitted with the application.

5) Applications that, upon review by the State Superintendent of Education staff, are found to contain the information required pursuant to this Section shall be recommended for approval by the State Superintendent of Education. If the application is found to be incomplete, State Board staff will send a written notice to applicants requesting that they supply the needed information. In order to permit accurate allocation of funds for the program among eligible recipients, the State Superintendent may establish a deadline by which applicants must supply the requested information.

6) The State Superintendent of Education will approve applications that demonstrate compliance with Article 14C of the School Code and this Part, except that the State Superintendent shall invoke subsection (b)(5) of this Section with respect to any requested information that is missing from any application submitted for approval. c) Account of Expenditures and Reimbursement Procedures

1) An account of each district's expenditures pursuant to Article 14C of the School Code and this Part shall be maintained as required in Section 14C- 12 of the School Code. Accounting procedures shall be in accordance with applicable requirements of 23 Ill. Adm. Code 100 (Requirements for Accounting, Budgeting, Financial Reporting, and Auditing).

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2) The final annual report of district expenditures, which shall include the information specified in Section 14C-12 of the School Code, shall be submitted on forms provided by the State Superintendent of Education no later than July 2031 of each year.

3) School districts shall submit claims for reimbursement of programs approved in accordance with this Part on forms provided by the State Superintendent of Education and in accordance with Section 14C-12 of the School Code, as limited by subsection (b)(4)(E) of this Section. No State reimbursement shall be available with respect to any student served for fewer than five class periods per week.

4) In the event that funds appropriated by the General Assembly are insufficient to cover the districts' excess costs, the funds will be distributed on a pro rata basis and in accordance with the timelines specified in Section 14C-12 of the School Code.

5) A request to amend a district's approved budget shall be submitted on forms provided by the State Superintendent of Education whenever a district determines that there is a need to increase or decrease an approved line item expenditure by more than $1,000 or 20 percent, whichever is larger. A budget amendment must also be submitted for approval when a grantee proposes to use funds for allowable expenditures not identified in the approved budget. An amendment shall not be approved if it results in instructional costs comprising less than 60 percent of the total reimbursement requested.

6) Budget amendment requests will be approved if the rationale provided for each amendment includes facts demonstrating that:

A) there is a need (e.g., a change in the number of students served or personnel needed); and

B) the altered expenditures and their related program services will be in compliance with the requirements of Article 14C of the School Code and this Part.

(Source: Amended at 37 Ill. Reg. 16803, effective October 2, 2013)

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Section 228.60 Evaluation

a) Each school district's compliance with the requirements of Article 14C of the School Code and this Part shall be evaluated by State Board of Education staff, who shall use the criteria set forth in Article 14C of the School Code and this Part to determine compliance.

b) Each school district's progress with regard to the academic achievement of students having limited English learnersproficiency shall be evaluated annually in accordance with the provisions of 23 Ill. Adm. Code 1.40 (Adequate Yearly Progress).

(Source: Amended at 37 Ill. Reg. 16803, effective October 2, 2013)

ILLINOIS REGISTER 16834 13 DEPARTMENT OF STATE POLICE

NOTICE OF ADOPTED AMENDMENT

1) Heading of the Part: Electronic Transmission of Fingerprints

2) Code Citation: 20 Ill. Adm. Code 1265

3) Section Number: Adopted Action: 1265.30 Amendment

4) Statutory Authority: Implementing and authorized by Sections 3 and 3.1 of the Criminal Identification Act [20 ILCS 2630/3 and 3.1] and authorized by Section 2605-15 of the Civil Administrative Code of Illinois [20 ILCS 2605/2605-15]

5) Effective Date of Rulemaking: October 8, 2013

6) Does this rulemaking contain an automatic repeal date? No

7) Do these amendments contain incorporations by reference? No

8) A copy of the adopted rulemaking, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in the Illinois Register: 37 Ill. Reg. 9462; July 5, 2013

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposed and Final Version: Authority note was corrected.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreement letter issued by JCAR? No changes were recommended by JCAR.

13) Will this rulemaking replace an emergency rulemaking currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: The adopted amendment updates the procedures used by noncriminal justice agencies and other entities in conducting fingerprint-based criminal history background investigations of prospective employees or licensees to require submission of a photograph of the individual being fingerprinted.

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16) Information and questions regarding this adopted rulemaking shall be directed to:

Ms. Lisa Freitag Legal Office Illinois State Police 801 South 7th Street, Suite 1000-S Springfield, Illinois 62703

217/782-9356

The full text of the Adopted Amendment begins on the next page:

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TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT CHAPTER II: DEPARTMENT OF STATE POLICE

PART 1265 ELECTRONIC TRANSMISSION OF FINGERPRINTS

SUBPART A: PROMULGATION

Section 1265.10 Purpose 1265.20 Definitions

SUBPART B: OPERATIONS

Section 1265.30 Requirements

AUTHORITY: Implementing and authorized by Sections 3 and 3.1 of the Criminal Identification Act [20 ILCS 2630/3 and 3.1] and authorized by Section 15 of the Civil Administrative Code of Illinois [20 ILCS 2605/15].

SOURCE: Adopted at 21 Ill. Reg. 1210, effective January 10, 1997; amended at 37 Ill. Reg. 16834, effective October 8, 2013.

SUBPART B: OPERATIONS

Section 1265.30 Requirements

a) Fingerprint images, a photograph (beginning January 1, 2014) of the individual being fingerprinted, and related alpha numeric identification data submitted to the Department for the purpose of the fee applicant process shall be submitted by means of electronic transmission.

b) Electronic transmission of fingerprint data to the Department shall be accomplished utilizing livescan procedures or other comparable technology approved for use by the Department.

c) Electronic transmission of data and a photograph of the individual being

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fingerprinted areis required for all fee applicant process inquiries to the Department and all fee applicant process inquiries made to the FBI through the Department. The effective date of the photograph requirement is January 1, 2014. d) In the event of equipment malfunction or other special circumstance thatwhich makes electronic transmission of fingerprint data impractical, the Department may allow limited use of paper fingerprint records for fee applicant submissions. e) Applicants with a physical handicap or ailment, when taking the applicant's photo would cause the applicant harm in any way, are excluded from the photo requirement.

(Source: Amended at 37 Ill. Reg. 16834, effective October 8, 2013)

ILLINOIS REGISTER 16838 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

1) Heading of the Part: General Administrative Provisions

2) Code Citation: 89 Ill. Adm. Code 10

3) Section Number: Emergency Action: 10.410 Amendment

4) Statutory Authority: Implementing Articles I through IX and authorized by Section 12- 13 of the Illinois Public Aid Code [305 ILCS 5/Arts. I through IX and 12-13]

5) Effective date of amendment: October 1, 2013

6) If this emergency amendment is to expire before the end of the 150-day period, please specify the date on which it is to expire: This emergency amendment will expire at the end of the 150-day period, or upon adoption of a permanent rulemaking, whichever comes first.

7) Date filed with the Index Department: October 1, 2013

8) A copy of the emergency amendment, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: Recognizing that the implementation of this rulemaking as promptly as possible will serve the public interest, the Department has determined that the use of emergency rulemaking is justified. The adoption of this emergency rulemaking is deemed to be necessary for the public interest, safety, and welfare. This emergency rulemaking will benefit persons by establishing that, beginning October 1, 2013, both electronic and telephonic signatures will be accepted by the Department of Human Services on applications for assistance.

10) A Complete Description of the Subject and Issues: The Patient Protection and Affordable Care Act, Public Law 111-148, 42 UCS 18001, Section 1413, Streamlining of Procedures for Enrollment Through an Exchange and State Medicaid, CHIP and Health Subsidy Programs, requires each state to provide an application form that may be filed online, in person, by mail or by telephone. The requirement is included in 42 CFR 435.907 – Written Application. States will begin accepting applications under the Affordable Care Act on October 1, 2013. The Food and Nutrition Act of 2008 allows for a state option for accepting telephonic signatures. This rulemaking will allow clients to have additional options for applying for the benefits available to them. Clients will now

ILLINOIS REGISTER 16839 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

be able to apply by telephone or online, in addition to applying by mail or in person. A companion amendment is also being proposed to 89 Ill. Adm. Code 121.

11) Are there any other proposed rulemakings pending on this Part? No

12) Statement of statewide policy objectives: This rulemaking does not create or expand a State mandate.

13) Information and questions regarding this emergency rulemaking shall be directed to:

Tracie Drew, Bureau Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue East Harris Bldg., 3rd Floor Springfield, Illinois 62762

217/785-9772

The full text of the Emergency Amendment begins on the next page:

ILLINOIS REGISTER 16840 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

TITLE 89: SOCIAL SERVICES CHAPTER IV: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER a: GENERAL PROGRAM PROVISIONS

PART 10 GENERAL ADMINISTRATIVE PROVISIONS

SUBPART A: APPLICABILITY AND DEFINITIONS

Section 10.101 Incorporation by Reference 10.110 Applicability 10.120 Definitions 10.130 Assistance Programs 10.140 Assistance Program Restrictions

SUBPART B: RIGHTS AND RESPONSIBILITIES

Section 10.210 Rights of Clients 10.220 Nondiscrimination 10.225 Grievance Rights of Clients 10.230 Confidentiality of Case Information 10.235 Case Records 10.250 Reporting Change of Circumstances 10.263 Reporting Child Abuse/Neglect 10.268 Reporting Elder Abuse/Neglect 10.270 Notice to Client 10.280 Right to Appeal 10.281 Continuation of Assistance Pending Appeal 10.282 Time Limit for Filing an Appeal 10.283 Examining Department Records 10.284 Child Care 10.290 Voluntary Repayment of Assistance 10.295 Correction of Underpayments 10.300 Recovery of Assistance 10.310 Estate Claims 10.320 Real Property Liens 10.330 Filing and Renewal of Liens

ILLINOIS REGISTER 16841 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

10.340 Foreclosure of Liens 10.350 Release of Liens 10.360 Personal Injury Claims 10.370 Convictions of Fraud – Eligibility 10.380 Single Conviction of Fraud – Administrative Review Board 10.390 Request for Case Transfer

SUBPART C: APPLICATION PROCESS Section 10.410 Application for Assistance EMERGENCY 10.415 Local Office Action on Application for Public Assistance 10.420 Time Limitations on the Disposition of an Application 10.430 Approval of an Application and Initial Authorization of Financial Assistance 10.438 General Assistance Approval Provisions 10.440 Denial of an Application

AUTHORITY: Implementing Articles I through IX and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/Arts. I through IX and 12-13].

SOURCE: Emergency rules adopted at 21 Ill. Reg. 9515, effective July 1, 1997, for a maximum of 150 days; adopted at 21 Ill. Reg. 15515, effective November 26, 1997; amended at 22 Ill. Reg. 19816, effective November 1, 1998; amended at 23 Ill. Reg. 6944, effective June 1, 1999; amended at 24 Ill. Reg. 7856, effective May 16, 2000; amended at 24 Ill. Reg. 18153, effective November 30, 2000; amended at 25 Ill. Reg. 7170, effective May 24, 2001; amended at 28 Ill. Reg. 1083, effective December 31, 2003; amended at 28 Ill. Reg. 5650, effective March 22, 2004; amended at 29 Ill. Reg. 8148, effective May 18, 2005; amended at 31 Ill. Reg. 6962, effective April 30, 2007; amended at 31 Ill. Reg. 7638, effective May 15, 2007; amended at 32 Ill. Reg. 4375, effective March 12, 2008; amended at 33 Ill. Reg. 16814, effective November 30, 2009; amended at 33 Ill. Reg. 17345, effective December 14, 2009; amended at 34 Ill. Reg. 10079, effective July 1, 2010; amended at 35 Ill. Reg. 7670, effective April 29, 2011; emergency amendment at 36 Ill. Reg. 10421, effective July 1, 2012, for a maximum of 150 days; emergency amendment at 36 Ill. Reg. 11486, effective July 1, 2012, for a maximum of 150 days; emergency expired November 27, 2012; amended at 37 Ill. Reg. 1865, effective February 4, 2013; amended at 37 Ill. Reg. 3402, effective March 8, 2013; emergency amendment at 37 Ill. Reg. 16838, effective October 1, 2013, for a maximum of 150 days.

SUBPART C: APPLICATION PROCESS

ILLINOIS REGISTER 16842 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

Section 10.410 Application for Assistance EMERGENCY

a) An application is a request for cash, medical or SNAP assistance on a Department of Human Services (Department) form or a DHS web application submitted electronically that has been completed to the best of the client's knowledge and ability.

b) The application must contain a name, address, and signature (or signatures). An electronic signature may be accepted if it meets the relevant minimum security requirements established by the Department of Central Management Services including but not limited to the requirements of 14 Ill. Adm. Code 105.210.A web application submitted and received electronically over the Internet does not require a signature to begin the application process for cash and medical assistance, but is required to authorize cash and medical benefits. An electronic signature is used for SNAP applications submitted and received electronically. If the application does not contain a name, address, and signature (or signatures), the local office shall return the application to the sender to obtain the missing information.

1) The Department's application for assistance captures the electronic signature on a secure directory and places the electronic signature into a secure database.

2) An electronic signature may be made by an applicant who checks a box and types his or her name, by an applicant who telephonically records his or her voice constituting a telephonic signature or by any other symbol which is executed or adopted using electronic means by the applicant with the intent to authenticate the record.

3) The application, which includes the electronic signature, is sent to a secure database with auditing capabilities which track the user when the application is modified to ensure the integrity, security and confidentiality of the electronic signature.

c) If the application does not contain a name, address, and signature (or signatures), the local office shall return the application to the sender to obtain the missing information.

ILLINOIS REGISTER 16843 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

1) If a person is homeless, he or she may use the address of a friend or relative, supervised shelter, church, halfway house, or similar facility.

2) If a person is homeless and does not have a permanent address, he or she may use the address of the local office where he or she applied or where his or her case is currently active. dc) The application must be signed by the applicant with the following exceptions:

1) When a conservator has been appointed for the applicant, the conservator must sign the application.

2) When the applicant is physically or mentally unable to sign the application, the application may be signed by someone acting responsibly on behalf of the applicant.

3) When application is made on behalf of a child, the child's caretaker must sign the application.

4) When the applicant has appointed an authorized representative with the Department. (An authorized representative is a person authorized by the applicant to act on his or her behalf.)

ed) Application for medical assistance may be made on behalf of a deceased person. In order for payment to be made by the Department for the funeral and burial expenses of the decedent, the completed application must be received in the local office not more than 30 calendar days after the individual's death, excluding the day on which death occurred, unless delay in receipt of the form occurred through no fault of the individual applying.

fe) The applicant may be assisted by the Department and by individuals of the applicant's choice in completing the application.

gf) The date of application shall be the date a completed application is received by any local office, with the following exceptions:

1) For applications completed by pregnant women and children under age 18 at a disproportionate share hospital or federally-qualified health center, the date the application is signed by the applicant shall be the date of

ILLINOIS REGISTER 16844 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

application.

2) When an application is faxed to a local office or a web application is submitted and received over the Internet after 5:00 P.M. on a workday, or on a weekend or holiday, the application date is the next workday following the date the application is received in the local office.

(Source: Amended by emergency rulemaking at 37 Ill. Reg. 16838, effective October 1, 2013, for a maximum of 150 days)

ILLINOIS REGISTER 16845 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

1) Heading of the Part: Supplemental Nutrition Assistance Program (SNAP)

2) Code Citation: 89 Ill. Adm. Code 121

3) Section Number: Emergency Action: 121.1 Amendment

4) Statutory Authority: Implementing Sections 12-4.4 through 12-4.6 and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-4.4 through 12-4.6 and 12- 13]

5) Effective Date of Rulemaking: October 1, 2013

6) If this emergency rulemaking is to expire before the end of the 150-day period, please specify the date on which it is to expire: This emergency rulemaking will expire at the end of the 150-day period, or upon adoption of a permanent rulemaking, whichever comes first.

7) Date filed with the Index Department: October 1, 2013

8) A copy of the adopted rulemaking, including any material incorporated by reference, is on file in the Agency's principal office and is available for public inspection.

9) Reason for Emergency: Recognizing that the implementation of this rulemaking as promptly as possible will serve the public interest, the Department has determined that the use of emergency rulemaking is justified. The adoption of this emergency rule is deemed to be necessary for the public interest, safety, and welfare. This emergency rulemaking will benefit persons by establishing that, beginning October 1, 2013, both electronic and telephonic signatures will be accepted by the Department of Human Services on applications for assistance.

10) A complete description of the subject and issues: The Patient Protection and Affordable Care Act, Public Law 111-148, 42 UCS 18001, Section 1413, Streamlining of Procedures for Enrollment Through an Exchange and State Medicaid, CHIP and Health Subsidy Programs, requires each state to provide an application form that may be filed online, in person, by mail or by telephone. The requirement is included in 42 CFR 435.907 – Written Application. States will begin accepting applications under the Affordable Care Act on October 1, 2013. The Food and Nutrition Act of 2008 allows for a state option for accepting telephonic signatures. This rulemaking will allow clients to have additional

ILLINOIS REGISTER 16846 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

options for applying for the benefits available to them. Clients will now be able to apply by telephone or online, in addition to applying by mail or in person.

11) Are there any other proposed rulemakings pending on this Part? Yes

Section Number: Proposed Action: Illinois Register Citation: 121.57 Amendment 37 Ill. Reg. 15189; September 20, 2013 121.58 Amendment 37 Ill. Reg. 15189; September 20, 2013

12) Statement of statewide policy objectives: This rulemaking does not create or expand a State mandate.

13) Information and questions regarding this emergency rulemaking shall be directed to:

Tracie Drew, Bureau Chief Bureau of Administrative Rules and Procedures Department of Human Services 100 South Grand Avenue East Harris Bldg., 3rd Floor Springfield, Illinois 62762

217/785-9772

The full text of the Emergency Amendment begins on the next page:

ILLINOIS REGISTER 16847 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

TITLE 89: SOCIAL SERVICES CHAPTER IV: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER b: ASSISTANCE PROGRAMS

PART 121 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

SUBPART A: APPLICATION PROCEDURES

Section 121.1 Application for Assistance EMERGENCY 121.2 Time Limitations on the Disposition of an Application 121.3 Approval of an Application and Initial Authorization of Assistance 121.4 Denial of an Application 121.5 Client Cooperation 121.6 Emergency Assistance 121.7 Expedited Service 121.8 Express Stamps Application Project 121.10 Interviews

SUBPART B: NON-FINANCIAL FACTORS OF ELIGIBILITY

Section 121.18 Work Requirement 121.19 Ending a Voluntary Quit Disqualification (Repealed) 121.20 Citizenship 121.21 Residence 121.22 Social Security Numbers 121.23 Work Registration/Participation Requirements 121.24 Individuals Exempt from Work Registration Requirements 121.25 Failure to Comply with Work Provisions 121.26 Periods of Sanction 121.27 Voluntary Job Quit/Reduction in Work Hours 121.28 Good Cause for Voluntary Job Quit/Reduction in Work Hours 121.29 Exemptions from Voluntary Quit/Reduction in Work Hours Rules

SUBPART C: FINANCIAL FACTORS OF ELIGIBILITY

ILLINOIS REGISTER 16848 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

Section 121.30 Unearned Income 121.31 Exempt Unearned Income 121.32 Education Benefits (Repealed) 121.33 Unearned Income In-Kind 121.34 Lump Sum Payments and Income Tax Refunds 121.40 Earned Income 121.41 Budgeting Earned Income 121.50 Exempt Earned Income 121.51 Income from Work/Study/Training Programs 121.52 Earned Income from Roomers or Boarders 121.53 Income From Rental Property 121.54 Earned Income In-Kind 121.55 Sponsors of Aliens 121.57 Assets 121.58 Exempt Assets 121.59 Asset Disregards

SUBPART D: ELIGIBILITY STANDARDS

Section 121.60 Net Monthly Income Eligibility Standards 121.61 Gross Monthly Income Eligibility Standards 121.62 Income Which Must Be Annualized 121.63 Deductions from Monthly Income 121.64 Food Stamp Benefit Amount

SUBPART E: HOUSEHOLD CONCEPT

Section 121.70 Composition of the Assistance Unit 121.71 Living Arrangement 121.72 Nonhousehold Members 121.73 Ineligible Household Members 121.74 Strikers 121.75 Students 121.76 Categorically Eligible Households

SUBPART F: MISCELLANEOUS PROGRAM PROVISIONS

ILLINOIS REGISTER 16849 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

Section 121.80 Fraud Disqualification (Renumbered) 121.81 Initiation of Administrative Fraud Hearing (Repealed) 121.82 Definition of Fraud (Renumbered) 121.83 Notification To Applicant Households (Renumbered) 121.84 Disqualification Upon Finding of Fraud (Renumbered) 121.85 Court Imposed Disqualification (Renumbered) 121.90 Monthly Reporting and Retrospective Budgeting (Repealed) 121.91 Monthly Reporting (Repealed) 121.92 Budgeting 121.93 Issuance of Food Stamp Benefits 121.94 Replacement of the EBT Card or SNAP Benefits 121.95 Restoration of Lost Benefits 121.96 Uses for SNAP Benefits 121.97 Supplemental Payments 121.98 Client Training Brochure for the Electronic Benefits Transfer (EBT) System 121.105 State Food Program (Repealed) 121.107 New State Food Program 121.108 Transitional Food Stamp (TFS) Benefits 121.117 Farmers' Market Technology Improvement Program 121.120 Redetermination of Eligibility 121.125 Simplified Reporting Redeterminations 121.130 Residents of Shelters for Battered Women and their Children 121.131 Fleeing Felons and Probation/Parole Violators 121.135 Incorporation By Reference 121.136 Food and Nutrition Act of 2008 121.140 Small Group Living Arrangement Facilities and Drug/Alcoholic Treatment Centers 121.145 Quarterly Reporting (Repealed)

SUBPART G: INTENTIONAL VIOLATIONS OF THE PROGRAM

Section 121.150 Definition of Intentional Violations of the Program 121.151 Penalties for Intentional Violations of the Program 121.152 Notification To Applicant Households 121.153 Disqualification Upon Finding of Intentional Violation of the Program 121.154 Court Imposed Disqualification

ILLINOIS REGISTER 16850 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

SUBPART H: FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM

Section 121.160 Persons Required to Participate 121.162 Program Requirements 121.163 Vocational Training 121.164 Orientation (Repealed) 121.165 Community Work 121.166 Assessment and Employability Plan (Repealed) 121.167 Counseling/Prevention Services 121.170 Job Search Activity 121.172 Basic Education Activity 121.174 Job Readiness Activity 121.176 Work Experience Activity 121.177 Illinois Works Component (Repealed) 121.178 Job Training Component (Repealed) 121.179 JTPA Employability Services Component (Repealed) 121.180 Grant Diversion Component (Repealed) 121.182 Earnfare Activity 121.184 Sanctions for Non-cooperation with Food Stamp Employment and Training 121.186 Good Cause for Failure to Cooperate 121.188 Supportive Services 121.190 Conciliation 121.200 Types of Claims (Recodified) 121.201 Establishing a Claim for Intentional Violation of the Program (Recodified) 121.202 Establishing a Claim for Unintentional Household Errors and Administrative Errors (Recodified) 121.203 Collecting Claim Against Households (Recodified) 121.204 Failure to Respond to Initial Demand Letter (Recodified) 121.205 Methods of Repayment of Food Stamp Claims (Recodified) 121.206 Determination of Monthly Allotment Reductions (Recodified) 121.207 Failure to Make Payment in Accordance with Repayment Schedule (Recodified) 121.208 Suspension and Termination of Claims (Recodified)

SUBPART I: WORK REQUIREMENT FOR FOOD STAMPS

Section 121.220 Work Requirement Components (Repealed)

ILLINOIS REGISTER 16851 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

121.221 Meeting the Work Requirement with the Earnfare Component (Repealed) 121.222 Volunteer Community Work Component (Repealed) 121.223 Work Experience Component (Repealed) 121.224 Supportive Service Payments to Meet the Work Requirement (Repealed) 121.225 Meeting the Work Requirement with the Illinois Works Component (Repealed) 121.226 Meeting the Work Requirement with the JTPA Employability Services Component (Repealed)

AUTHORITY: Implementing Sections 12-4.4 through 12-4.6 and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-4.4 through 12-4.6 and 12-13].

SOURCE: Adopted December 30, 1977; amended at 3 Ill. Reg. 5, p. 875, effective February 2, 1979; amended at 3 Ill. Reg. 31, p. 109, effective August 3, 1979; amended at 3 Ill. Reg. 33, p. 399, effective August 18, 1979; amended at 3 Ill. Reg. 41, p. 165, effective October 11, 1979; amended at 3 Ill. Reg. 42, p. 230, effective October 9, 1979; amended at 3 Ill. Reg. 44, p. 173, effective October 19, 1979; amended at 3 Ill. Reg. 46, p. 36, effective November 2, 1979; amended at 3 Ill. Reg. 47, p. 96, effective November 13, 1979; amended at 3 Ill. Reg. 48, p. 1, effective November 15, 1979; peremptory amendment at 4 Ill. Reg. 3, p. 49, effective January 9, 1980; peremptory amendment at 4 Ill. Reg. 9, p. 259, effective February 23, 1980; amended at 4 Ill. Reg. 10, p. 253, effective February 27, 1980; amended at 4 Ill. Reg. 12, p. 551, effective March 10, 1980; emergency amendment at 4 Ill. Reg. 29, p. 294, effective July 8, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 37, p. 797, effective September 2, 1980; amended at 4 Ill. Reg. 45, p. 134, effective October 17, 1980; amended at 5 Ill. Reg. 766, effective January 2, 1981; amended at 5 Ill. Reg. 1131, effective January 16, 1981; amended at 5 Ill. Reg. 4586, effective April 15, 1981; peremptory amendment at 5 Ill. Reg. 5722, effective June 1, 1981; amended at 5 Ill. Reg. 7071, effective June 23, 1981; peremptory amendment at 5 Ill. Reg. 10062, effective October 1, 1981; amended at 5 Ill. Reg. 10733, effective October 1, 1981; amended at 5 Ill. Reg. 12736, effective October 29, 1981; amended at 6 Ill. Reg. 1653, effective January 17, 1982; amended at 6 Ill. Reg. 2707, effective March 2, 1982; amended at 6 Ill. Reg. 8159, effective July 1, 1982; amended at 6 Ill. Reg. 10208, effective August 9, 1982; amended at 6 Ill. Reg. 11921, effective September 21, 1982; amended at 6 Ill. Reg. 12318, effective October 1, 1982; amended at 6 Ill. Reg. 13754, effective November 1, 1982; amended at 7 Ill. Reg. 394, effective January 1, 1983; codified at 7 Ill. Reg. 5195; amended at 7 Ill. Reg. 5715, effective May 1, 1983; amended at 7 Ill. Reg. 8118, effective June 24, 1983; peremptory amendment at 7 Ill. Reg. 12899, effective October 1, 1983; amended at 7 Ill. Reg. 13655, effective October 4, 1983; peremptory amendment at 7 Ill. Reg. 16067, effective November 18, 1983; amended at 7 Ill. Reg. 16169, effective November 22, 1983; amended at 8 Ill. Reg. 5673, effective April 18, 1984; amended at 8 Ill. Reg. 7249, effective May 16, 1984; peremptory amendment at 8 Ill. Reg. 10086, effective July 1, 1984; amended at 8 Ill. Reg. 13284, effective July 16, 1984; amended at

ILLINOIS REGISTER 16852 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

8 Ill. Reg. 17900, effective September 14, 1984; amended (by adding Section being codified with no substantive change) at 8 Ill. Reg. 17898; peremptory amendment at 8 Ill. Reg. 19690, effective October 1, 1984; peremptory amendment at 8 Ill. Reg. 22145, effective November 1, 1984; amended at 9 Ill. Reg. 302, effective January 1, 1985; amended at 9 Ill. Reg. 6804, effective May 1, 1985; amended at 9 Ill. Reg. 8665, effective May 29, 1985; peremptory amendment at 9 Ill. Reg. 8898, effective July 1, 1985; amended at 9 Ill. Reg. 11334, effective July 8, 1985; amended at 9 Ill. Reg. 14334, effective September 6, 1985; peremptory amendment at 9 Ill. Reg. 15582, effective October 1, 1985; amended at 9 Ill. Reg. 16889, effective October 16, 1985; amended at 9 Ill. Reg. 19726, effective December 9, 1985; amended at 10 Ill. Reg. 229, effective December 20, 1985; peremptory amendment at 10 Ill. Reg. 7387, effective April 21, 1986; peremptory amendment at 10 Ill. Reg. 7941, effective May 1, 1986; amended at 10 Ill. Reg. 14692, effective August 29, 1986; peremptory amendment at 10 Ill. Reg. 15714, effective October 1, 1986; Sections 121.200 thru 121.208 recodified to 89 Ill. Adm. Code 165 at 10 Ill. Reg. 21094; peremptory amendment at 11 Ill. Reg. 3761, effective February 11, 1987; emergency amendment at 11 Ill. Reg. 3754, effective February 13, 1987, for a maximum of 150 days; emergency amendment at 11 Ill. Reg. 9968, effective May 15, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 10269, effective May 22, 1987; amended at 11 Ill. Reg. 10621, effective May 25, 1987; peremptory amendment at 11 Ill. Reg. 11391, effective July 1, 1987; peremptory amendment at 11 Ill. Reg. 11855, effective June 30, 1987; emergency amendment at 11 Ill. Reg. 12043, effective July 6, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 13635, effective August 1, 1987; amended at 11 Ill. Reg. 14022, effective August 10, 1987; emergency amendment at 11 Ill. Reg. 15261, effective September 1, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 15480, effective September 4, 1987; amended at 11 Ill. Reg. 15634, effective September 11, 1987; amended at 11 Ill. Reg. 18218, effective October 30, 1987; peremptory amendment at 11 Ill. Reg. 18374, effective October 30, 1987; amended at 12 Ill. Reg. 877, effective December 30, 1987; emergency amendment at 12 Ill. Reg. 1941, effective December 31, 1987, for a maximum of 150 days; amended at 12 Ill. Reg. 4204, effective February 5, 1988; amended at 12 Ill. Reg. 9678, effective May 23, 1988; amended at 12 Ill. Reg. 9922, effective June 1, 1988; amended at 12 Ill. Reg. 11463, effective June 30, 1988; amended at 12 Ill. Reg. 12824, effective July 22, 1988; emergency amendment at 12 Ill. Reg. 14045, effective August 19, 1988, for a maximum of 150 days; peremptory amendment at 12 Ill. Reg. 15704, effective October 1, 1988; peremptory amendment at 12 Ill. Reg. 16271, effective October 1, 1988; amended at 12 Ill. Reg. 20161, effective November 30, 1988; amended at 13 Ill. Reg. 3890, effective March 10, 1989; amended at 13 Ill. Reg. 13619, effective August 14, 1989; peremptory amendment at 13 Ill. Reg. 15859, effective October 1, 1989; amended at 14 Ill. Reg. 729, effective January 1, 1990; amended at 14 Ill. Reg. 6349, effective April 13, 1990; amended at 14 Ill. Reg. 13202, effective August 6, 1990; peremptory amendment at 14 Ill. Reg. 15158, effective October 1, 1990; amended at 14 Ill. Reg. 16983, effective September 30, 1990; amended at 15 Ill. Reg. 11150, effective July 22, 1991; amended at 15 Ill. Reg. 11957, effective

ILLINOIS REGISTER 16853 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

August 12, 1991; peremptory amendment at 15 Ill. Reg. 14134, effective October 1, 1991; emergency amendment at 16 Ill. Reg. 757, effective January 1, 1992, for a maximum of 150 days; amended at 16 Ill. Reg. 10011, effective June 15, 1992; amended at 16 Ill. Reg. 13900, effective August 31, 1992; emergency amendment at 16 Ill. Reg. 16221, effective October 1, 1992, for a maximum of 150 days; peremptory amendment at 16 Ill. Reg. 16345, effective October 1, 1992; amended at 16 Ill. Reg. 16624, effective October 23, 1992; amended at 17 Ill. Reg. 644, effective December 31, 1992; amended at 17 Ill. Reg. 4333, effective March 19, 1993; amended at 17 Ill. Reg. 14625, effective August 26, 1993; emergency amendment at 17 Ill. Reg. 15149, effective September 7, 1993, for a maximum of 150 days; peremptory amendment at 17 Ill. Reg. 17477, effective October 1, 1993; expedited correction at 17 Ill. Reg. 21216, effective October 1, 1993; amended at 18 Ill. Reg. 2033, effective January 21, 1994; emergency amendment at 18 Ill. Reg. 2509, effective January 27, 1994, for a maximum of 150 days; amended at 18 Ill. Reg. 3427, effective February 28, 1994; amended at 18 Ill. Reg. 8921, effective June 3, 1994; amended at 18 Ill. Reg. 12829, effective August 5, 1994; amended at 18 Ill. Reg. 14103, effective August 26, 1994; amended at 19 Ill. Reg. 5626, effective March 31, 1995; amended at 19 Ill. Reg. 6648, effective May 5, 1995; emergency amendment at 19 Ill. Reg. 12705, effective September 1, 1995, for a maximum of 150 days; peremptory amendment at 19 Ill. Reg. 13595, effective October 1, 1995; amended at 20 Ill. Reg. 1593, effective January 11, 1996; peremptory amendment at 20 Ill. Reg. 2229, effective January 17, 1996; amended at 20 Ill. Reg. 7902, effective June 1, 1996; amended at 20 Ill. Reg. 11935, effective August 14, 1996; emergency amendment at 20 Ill. Reg. 13381, effective October 1, 1996, for a maximum of 150 days; emergency amendment at 20 Ill. Reg. 13668, effective October 8, 1996, for a maximum of 150 days; amended at 21 Ill. Reg. 3156, effective February 28, 1997; amended at 21 Ill. Reg. 7733, effective June 4, 1997; recodified from the Department of Public Aid to the Department of Human Services at 21 Ill. Reg. 9322; emergency amendment at 22 Ill. Reg. 1954, effective January 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 5502, effective March 4, 1998; amended at 22 Ill. Reg. 7969, effective May 15, 1998; emergency amendment at 22 Ill. Reg. 10660, effective June 1, 1998, for a maximum of 150 days; emergency amendment at 22 Ill. Reg. 12167, effective July 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 16230, effective September 1, 1998; amended at 22 Ill. Reg. 19787, effective October 28, 1998; emergency amendment at 22 Ill. Reg. 19934, effective November 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 20099, effective November 1, 1998; emergency amendment at 23 Ill. Reg. 2601, effective February 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 3374, effective March 1, 1999; amended at 23 Ill. Reg. 7285, effective June 18, 1999; emergency amendment at 23 Ill. Reg. 13253, effective October 13, 1999, for a maximum of 150 days; emergency amendment at 24 Ill. Reg. 3871, effective February 24, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 4180, effective March 2, 2000; amended at 24 Ill. Reg. 10198, effective June 27, 2000; amended at 24 Ill. Reg. 15428, effective October 10, 2000; emergency amendment at 24 Ill. Reg. 15468, effective October 1, 2000, for a maximum of 150 days;

ILLINOIS REGISTER 16854 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT amended at 25 Ill. Reg. 845, effective January 5, 2001; amended at 25 Ill. Reg. 2423, effective January 25, 2001; emergency amendment at 25 Ill. Reg. 2439, effective January 29, 2001, for a maximum of 150 days; emergency amendment at 25 Ill. Reg. 3707, effective March 1, 2001, for a maximum of 150 days; emergency expired July 28, 2001; amended at 25 Ill. Reg. 7720, effective June 7, 2001; amended at 25 Ill. Reg. 10823, effective August 12, 2001; amended at 25 Ill. Reg. 11856, effective August 31, 2001; emergency amendment at 25 Ill. Reg. 13309, effective October 1, 2001, for a maximum of 150 days; amended at 26 Ill. Reg. 151, effective January 1, 2002; amended at 26 Ill. Reg. 2025, effective February 1, 2002; amended at 26 Ill. Reg. 13530, effective September 3, 2002; peremptory amendment at 26 Ill. Reg. 15099, effective October 1, 2002; amended at 26 Ill. Reg. 16484, effective October 25, 2002; amended at 27 Ill. Reg. 2889, effective February 7, 2003; expedited correction at 27 Ill. Reg. 14262, effective February 7, 2003; amended at 27 Ill. Reg. 4583, effective February 28, 2003; amended at 27 Ill. Reg. 7273, effective April 7, 2003; amended at 27 Ill. Reg. 12569, effective July 21, 2003; peremptory amendment at 27 Ill. Reg. 15604, effective October 1, 2003; amended at 27 Ill. Reg. 16108, effective October 6, 2003; amended at 27 Ill. Reg. 18445, effective November 20, 2003; amended at 28 Ill. Reg. 1104, effective December 31, 2003; amended at 28 Ill. Reg. 3857, effective February 13, 2004; amended at 28 Ill. Reg. 10393, effective July 6, 2004; peremptory amendment at 28 Ill. Reg. 13834, effective October 1, 2004; emergency amendment at 28 Ill. Reg. 15323, effective November 10, 2004, for a maximum of 150 days; emergency expired April 8, 2005; amended at 29 Ill. Reg. 2701, effective February 4, 2005; amended at 29 Ill. Reg. 5499, effective April 1, 2005; peremptory amendment at 29 Ill. Reg. 12132, effective July 14, 2005; emergency amendment at 29 Ill. Reg. 16042, effective October 4, 2005, for a maximum of 150 days; emergency expired March 2, 2006; peremptory amendment at 29 Ill. Reg. 16538, effective October 4, 2005; emergency amendment at 30 Ill. Reg. 7804, effective April 6, 2006, for a maximum of 150 days; emergency expired September 2, 2006; amended at 30 Ill. Reg. 11236, effective June 12, 2006; amended at 30 Ill. Reg. 13863, effective August 1, 2006; amended at 30 Ill. Reg. 15681, effective September 12, 2006; peremptory amendment at 30 Ill. Reg. 16470, effective October 1, 2006; amended at 31 Ill. Reg. 6991, effective April 30, 2007; amended at 31 Ill. Reg. 10482, effective July 9, 2007; amended at 31 Ill. Reg. 11318, effective July 23, 2007; peremptory amendment at 31 Ill. Reg. 14372, effective October 1, 2007; amended at 32 Ill. Reg. 2813, effective February 7, 2008; amended at 32 Ill. Reg. 4380, effective March 12, 2008; amended at 32 Ill. Reg. 4813, effective March 18, 2008; amended at 32 Ill. Reg. 9621, effective June 23, 2008; peremptory amendment at 32 Ill. Reg. 16905, effective October 1, 2008; peremptory amendment to Sections 121.94(c), 121.96(d)(2) and 121.150(b) suspended at 32 Ill. Reg. 18908, effective November 19, 2008; suspension withdrawn by the Joint Committee on Administrative Rules at 33 Ill. Reg. 200, effective February 5, 2009; peremptory amendment repealed by emergency rulemaking at 33 Ill. Reg. 3514, effective February 5, 2009, for a maximum of 150 days; peremptory amendment at 32 Ill. Reg. 18092, effective November 15, 2008; emergency amendment at 33 Ill. Reg. 4187, effective February 24, 2009, for a maximum

ILLINOIS REGISTER 16855 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT of 150 days; emergency expired July 23, 2009; peremptory amendment at 33 Ill. Reg. 5537, effective April 1, 2009; emergency amendment at 33 Ill. Reg. 11322, effective July 20, 2009, for a maximum of 150 days; emergency expired December 16, 2009; amended at 33 Ill. Reg. 12802, effective September 3, 2009; amended at 33 Ill. Reg. 14121, effective September 22, 2009; emergency amendment at 33 Ill. Reg. 14627, effective October 13, 2009, for a maximum of 150 days; emergency expired March 11, 2010; amended at 33 Ill. Reg. 16875, effective November 30, 2009; amended at 33 Ill. Reg. 17350, effective December 14, 2009; amended at 34 Ill. Reg. 4777, effective March 17, 2010; amended at 34 Ill. Reg. 5295, effective April 12, 2010; amended at 34 Ill. Reg. 5823, effective April 19, 2010; emergency amendment at 34 Ill. Reg. 6967, effective May 1, 2010, for a maximum of 150 days; emergency expired September 27, 2010; amended at 34 Ill. Reg. 7265, effective May 10, 2010; amended at 34 Ill. Reg. 7685, effective May 18, 2010; amended at 34 Ill. Reg. 12547, effective August 11, 2010; peremptory amendment at 34 Ill. Reg. 15543, effective October 1, 2010; amended at 35 Ill. Reg. 1042, effective December 28, 2010; amended at 35 Ill. Reg. 7688, effective April 29, 2011; amended at 35 Ill. Reg. 10119, effective June 7, 2011; peremptory amendment at 35 Ill. Reg. 16118, effective October 1, 2011; peremptory amendment at 35 Ill. Reg. 16904, effective October 1, 2011; amended at 35 Ill. Reg. 17120, effective October 5, 2011; amended at 35 Ill. Reg. 18780, effective October 28, 2011; amended at 35 Ill. Reg. 19278, effective November 8, 2011; amended at 35 Ill. Reg. 19778, effective December 5, 2011; peremptory amendment at 36 Ill. Reg. 15148, effective October 1, 2012; emergency amendment at 37 Ill. Reg. 15423, effective September 9, 2013, for a maximum of 150 days; emergency amendment at 37 Ill. Reg. 16845, effective October 1, 2013, for a maximum of 150 days.

SUBPART A: APPLICATION PROCEDURES

Section 121.1 Application for Assistance EMERGENCY

a) An application for Supplemental Nutrition Assistance Program (SNAP) benefitsfood stamps is a written or spoken request containing the client's name, address and signature. An electronic signature, obtained pursuant to 89 Ill. Adm. Code 10.410, is created when ana web application is submitted and received on the internet or telephonically. An electronic signature may be accepted by the phone interview system for redeterminations.via the Internet or a redetermination is completed using the phone interview system.

b) An application is required for initial certification and subsequent certification. For subsequent certifications see Section 121.120.

ILLINOIS REGISTER 16856 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT c) General Assistance (GA) households in the City of Chicago shall make application to the local GA unit.

d) An application for SNAPfood stamp program participation may be made by the head of the household, spouse, another household member or an adult non- household member designated by the household as an authorized representative. When a SNAP food stamp household also files an application for a Public Assistance cash grant under TANF (Temporary Assistance for Needy Families), AABD (Aid to the Aged, Blind or Disabled), or Refugee or GA Programs, the grantee for the Public Assistance case shall be the head of the SNAPfood stamp household.

de) If other household members are not available to make application due to employment, health problems, transportation problems, care of a household member, etc., a responsible adult outside the household may be designated as an authorized representative if the following conditions exist:

1) The head of household, spouse or other responsible family members cannot be interviewed;

2) The authorized representative has been designated in writing by the head of the household or the spouse, and is sufficiently aware of relevant household circumstances. ef) The head of the household shall be held liable for any overissuance which results from erroneous information given on an application by the authorized representative except in instances of participants in drug addiction or alcoholic treatment centers. The center is responsible for misrepresentation or fraud which it knowingly commits in the certification of center residents.

fg) For residents of public or private non-profit drug addiction or alcoholic treatment centers, or residents of small group living arrangements, the facility will assign an authorized representative to apply in behalf of each resident. This provision is applicable only when the facility has been authorized by the United States Department of Agriculture to accept SNAP benefitsfood stamps in accordance with 7 CFR 278.1 and 278.2(g) (2005, with no later additions or amendments).

gh) When the eligible members of a household are all unemancipated minors and the only adult is an ineligible alien, the ineligible alien may make application as head

ILLINOIS REGISTER 16857 13 DEPARTMENT OF HUMAN SERVICES

NOTICE OF EMERGENCY AMENDMENT

of the household in behalf of the eligible minors in the household. (Ineligible aliens applying as head of household will be responsible for any misrepresentation or fraud committed in the certification of the household and will sign the application as head of household, not as authorized representative.) hi) Homeless meal providers cannot act as an authorized representative for homeless SNAPfood stamp applicants or recipients.

(Source: Amended by emergency rulemaking at 37 Ill. Reg. 16845, effective October 1, 2013, for a maximum of 150 days)

ILLINOIS REGISTER 16858 13 POLLUTION CONTROL BOARD

NOTICE OF EXPEDITED CORRECTION

1) Heading of the Part: Organic Material Emission Standards and Limitations

2) Code Citation: 35 Ill. Adm. Code 215

3) Section Numbers: 215.104, 215.105, 215.585

4) Date Proposal published in the Illinois Register: May 11, 2012; 36 Ill. Ill. Reg. 6934

5) Date Adoption published in the Illinois Register: February 8, 2013; 37 Ill. Reg. 1683

6) Date Request for Expedited Correction published in the Illinois Register: March 22, 2013; 37 Ill. Reg. 3440

7) Adoption Effective Date: January 28, 2013

8) Correction Effective Date: October 3, 2013

9) Reason for Approval of Expedited Correction: JCAR inadvertently amended the Part's Table of Contents, adding "(Repealed)" after the entry for Section 215.612. Section 215.612 is not being repealed. Section 5085 of the Illinois Administrative Procedure Act and JCAR rules at 1 Ill.. Adm. Code 245.110(a)(1) authorize the use of Expedited Correction to correct these kinds of errors in an adopted rulemaking

______Deanna Glosser Chairman

ILLINOIS REGISTER 16859 13 POLLUTION CONTROL BOARD

NOTICE OF EXPEDITED CORRECTION

TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: EMISSIONS STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES

PART 215 ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS

SUBPART A: GENERAL PROVISIONS

Section 215.100 Introduction 215.101 Clean-up and Disposal Operations 215.102 Testing Methods 215.103 Abbreviations and Conversion Factors 215.104 Definitions 215.105 Incorporation by Reference 215.106 Afterburners 215.107 Determination of Applicability 215.108 Measurement of Vapor Pressures 215.109 Monitoring for Negligibly-Reactive Compounds

SUBPART B: ORGANIC EMISSIONS FROM STORAGE AND LOADING OPERATIONS

Section 215.121 Storage Containers 215.122 Loading Operations 215.123 Petroleum Liquid Storage Tanks 215.124 External Floating Roofs 215.125 Compliance Dates and Geographical Areas 215.126 Compliance Plan 215.127 Emissions Testing 215.128 Measurement of Seal Gaps

SUBPART C: ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT

ILLINOIS REGISTER 16860 13 POLLUTION CONTROL BOARD

NOTICE OF EXPEDITED CORRECTION

Section 215.141 Separation Operations 215.142 Pumps and Compressors 215.143 Vapor Blowdown 215.144 Safety Relief Valves

SUBPART E: SOLVENT CLEANING

Section 215.181 Solvent Cleaning in General 215.182 Cold Cleaning 215.183 Open Top Vapor Degreasing 215.184 Conveyorized Degreasing 215.185 Compliance Plan

SUBPART F: COATING OPERATIONS

Section 215.202 Compliance Schedules 215.204 Emission Limitations for Manufacturing Plants 215.205 Alternative Emission Limitations 215.206 Exemptions from Emission Limitations 215.207 Compliance by Aggregation of Emission Units 215.208 Testing Methods for Volatile Organic Material Content 215.209 Exemption from General Rule on Use of Organic Material 215.210 Alternative Compliance Schedule 215.211 Compliance Dates and Geographical Areas 215.212 Compliance Plan 215.213 Special Requirements for Compliance Plan 215.214 Roadmaster Emissions Limitations (Repealed) 215.215 DMI Emissions Limitations

SUBPART H: SPECIAL LIMITATIONS FOR SOURCES IN MAJOR URBANIZED AREAS WHICH ARE NONATTAINMENT FOR OZONE

Section 215.240 Applicability 215.241 External Floating Roofs 215.245 Flexographic and Rotogravure Printing

ILLINOIS REGISTER 16861 13 POLLUTION CONTROL BOARD

NOTICE OF EXPEDITED CORRECTION

215.249 Compliance Dates

SUBPART I: ADJUSTED RACT EMISSIONS LIMITATIONS

Section 215.260 Applicability 215.261 Petition 215.263 Public Hearing 215.264 Board Action 215.267 Agency Petition

SUBPART K: USE OF ORGANIC MATERIAL

Section 215.301 Use of Organic Material 215.302 Alternative Standard 215.303 Fuel Combustion Emission Sources 215.304 Operations with Compliance Program 215.305 Viscose Exemption (Repealed)

SUBPART N: VEGETABLE OIL PROCESSING

Section 215.340 Hexane Extraction Soybean Crushing 215.342 Hexane Extraction Corn Oil Processing 215.344 Recordkeeping for Vegetable Oil Processes 215.345 Compliance Determination 215.346 Compliance Dates and Geographical Areas 215.347 Compliance Plan

SUBPART P: PRINTING AND PUBLISHING

Section 215.401 Flexographic and Rotogravure Printing 215.402 Exemptions 215.403 Applicability of Subpart K 215.404 Testing and Monitoring (Repealed) 215.405 Compliance Dates and Geographical Areas 215.406 Alternative Compliance Plan

ILLINOIS REGISTER 16862 13 POLLUTION CONTROL BOARD

NOTICE OF EXPEDITED CORRECTION

215.407 Compliance Plan 215.408 Heatset Web Offset Lithographic Printing 215.409 Testing Methods for Volatile Organic Material Content 215.410 Emissions Testing

SUBPART Q: LEAKS FROM SYNTHETIC ORGANIC CHEMICAL AND POLYMER MANUFACTURING EQUIPMENT

Section 215.420 Applicability 215.421 General Requirements 215.422 Inspection Program Plan for Leaks 215.423 Inspection Program for Leaks 215.424 Repairing Leaks 215.425 Recordkeeping for Leaks 215.426 Report for Leaks 215.427 Alternative Program for Leaks 215.428 Compliance Dates 215.429 Compliance Plan 215.430 General Requirements 215.431 Inspection Program Plan for Leaks 215.432 Inspection Program for Leaks 215.433 Repairing Leaks 215.434 Recordkeeping for Leaks 215.435 Report for Leaks 215.436 Alternative Program for Leaks 215.437 Open-Ended Valves 215.438 Standards for Control Devices 215.439 Compliance Plan

SUBPART R: PETROLEUM REFINING AND RELATED INDUSTRIES; ASPHALT MATERIALS

Section 215.441 Petroleum Refinery Waste Gas Disposal 215.442 Vacuum Producing Systems 215.443 Wastewater (Oil/Water) Separator 215.444 Process Unit Turnarounds 215.445 Leaks: General Requirements

ILLINOIS REGISTER 16863 13 POLLUTION CONTROL BOARD

NOTICE OF EXPEDITED CORRECTION

215.446 Monitoring Program Plan for Leaks 215.447 Monitoring Program for Leaks 215.448 Recordkeeping for Leaks 215.449 Reporting for Leaks 215.450 Alternative Program for Leaks 215.451 Sealing Device Requirements 215.452 Compliance Schedule for Leaks 215.453 Compliance Dates and Geographical Areas

SUBPART S: RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS

Section 215.461 Manufacture of Pneumatic Rubber Tires 215.462 Green Tire Spraying Operations 215.463 Alternative Emission Reduction Systems 215.464 Emissions Testing 215.465 Compliance Dates and Geographical Areas 215.466 Compliance Plan 215.467 Testing Methods for Volatile Organic Material Content

SUBPART T: PHARMACEUTICAL MANUFACTURING

Section 215.480 Applicability of Subpart T 215.481 Control of Reactors, Distillation Units, Crystallizers, Centrifuges and Vacuum Dryers 215.482 Control of Air Dryers, Production Equipment Exhaust Systems and Filters 215.483 Material Storage and Transfer 215.484 In-Process Tanks 215.485 Leaks 215.486 Other Emission Sources 215.487 Testing 215.488 Monitors for Air Pollution Control Equipment 215.489 Recordkeeping (Renumbered) 215.490 Compliance Schedule (Renumbered)

SUBPART U: COKE MANUFACTURING AND BY-PRODUCT RECOVERY

ILLINOIS REGISTER 16864 13 POLLUTION CONTROL BOARD

NOTICE OF EXPEDITED CORRECTION

Section 215.500 Exceptions 215.510 Coke By-Product Recovery Plants 215.512 Coke By-Product Recovery Plant Leaks 215.513 Inspection Program 215.514 Recordkeeping Requirements 215.515 Reporting Requirements 215.516 Compliance Dates 215.517 Compliance Plan

SUBPART V: AIR OXIDATION PROCESSES

Section 215.520 Applicability 215.521 Definitions 215.525 Emission Limitations for Air Oxidation Processes 215.526 Testing and Monitoring 215.527 Compliance Date

SUBPART W: AGRICULTURE

Section 215.541 Pesticide Exception

SUBPART X: CONSTRUCTION

Section 215.561 Architectural Coatings 215.562 Paving Operations 215.563 Cutback Asphalt

SUBPART Y: GASOLINE DISTRIBUTION

Section 215.581 Bulk Gasoline Plants 215.582 Bulk Gasoline Terminals 215.583 Gasoline Dispensing Facilities – Storage Tank Filling Operations 215.584 Gasoline Delivery Vessels 215.585 Gasoline Volatility Standards (Repealed)

ILLINOIS REGISTER 16865 13 POLLUTION CONTROL BOARD

NOTICE OF EXPEDITED CORRECTION

215.586 Emissions Testing

SUBPART Z: DRY CLEANERS

Section 215.601 Perchloroethylene Dry Cleaners (Repealed) 215.602 Exemptions (Repealed) 215.603 Leaks (Repealed) 215.604 Compliance Dates and Geographical areas (Repealed) 215.605 Compliance Plan (Repealed) 215.606 Exception to Compliance Plan (Repealed) 215.607 Standards for Petroleum Solvent Dry Cleaners 215.608 Operating Practices for Petroleum Solvent Dry Cleaners 215.609 Program for Inspection and Repair of Leaks 215.610 Testing and Monitoring 215.611 Exemption for Petroleum Solvent Dry Cleaners 215.612 Compliance Dates and Geographical Areas (Repealed) 215.613 Compliance Plan 215.614 Testing Method for Volatile Organic Material Content of Wastes 215.615 Emissions Testing

SUBPART AA: PAINT AND INK MANUFACTURING

Section 215.620 Applicability 215.621 Exemption for Waterbase Material and Heatset Offset Ink 215.623 Permit Conditions 215.624 Open-top Mills, Tanks, Vats or Vessels 215.625 Grinding Mills 215.628 Leaks 215.630 Clean Up 215.636 Compliance Date

SUBPART BB: POLYSTYRENE PLANTS

Section 215.875 Applicability of Subpart BB 215.877 Emissions Limitation at Polystyrene Plants 215.879 Compliance Date

ILLINOIS REGISTER 16866 13 POLLUTION CONTROL BOARD

NOTICE OF EXPEDITED CORRECTION

215.881 Compliance Plan 215.883 Special Requirements for Compliance Plan 215.886 Emissions Testing

SUBPART PP: MISCELLANEOUS FABRICATED PRODUCT MANUFACTURING PROCESSES

Section 215.920 Applicability 215.923 Permit Conditions 215.926 Control Requirements

SUBPART QQ: MISCELLANEOUS FORMULATION MANUFACTURING PROCESSES

Section 215.940 Applicability 215.943 Permit Conditions 215.946 Control Requirements

SUBPART RR: MISCELLANEOUS ORGANIC CHEMICAL MANUFACTURING PROCESSES

Section 215.960 Applicability 215.963 Permit Conditions 215.966 Control Requirements

215.APPENDIX A Rule into Section Table 215.APPENDIX B Section into Rule Table 215.APPENDIX C Past Compliance Dates 215.APPENDIX D List of Chemicals Defining Synthetic Organic Chemical and Polymer Manufacturing 215.APPENDIX E Reference Methods and Procedures 215.APPENDIX F Coefficients for the Total Resource Effectiveness Index (TRE) Equation

AUTHORITY: Implementing Sections 9.1 and 10 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/9.1, 10 and 27].

ILLINOIS REGISTER 16867 13 POLLUTION CONTROL BOARD

NOTICE OF EXPEDITED CORRECTION

SOURCE: Adopted as Chapter 2: Air Pollution, Rule 205: Organic Material Emission Standards and Limitations, R71-23, 4 PCB 191, filed and effective April 14, 1972; amended in R77-3, 33 PCB 357, at 3 Ill. Reg. 18, p. 41, effective May 3, 1979; amended in R78-3 and R78- 4, 35 PCB 75, at 3 Ill. Reg. 30, p. 124, effective July 28, 1979; amended in R80-5 at 7 Ill. Reg. 1244, effective January 21, 1983; codified at 7 Ill. Reg. 13601 Corrected at 7 Ill. Reg. 14575; amended in R82-14 at 8 Ill. Reg. 13254, effective July 12, 1984; amended in R83-36 at 9 Ill. Reg. 9114, effective May 30, 1985; amended in R82-14 at 9 Ill. Reg. 13960, effective August 28, 1985; amended in R85-28 at 11 Ill. Reg. 3127, effective February 3, 1987; amended in R82-14 at 11 Ill. Reg. 7296, effective April 3, 1987; amended in R85-21(A) at 11 Ill. Reg. 11770, effective June 29, 1987; recodified in R86-39 at 11 Ill. Reg. 13541; amended in R82-14 and R86-12 at 11 Ill. Reg. 16706, effective September 30, 1987; amended in R85-21(B) at 11 Ill. Reg. 19117, effective November 9, 1987; amended in R86-36, R86-39, R86-40 at 11 Ill. Reg. 20829, effective December 14, 1987; amended in R82-14 and R86-37 at 12 Ill. Reg. 815, effective December 24, 1987; amended in R86-18 at 12 Ill. Reg. 7311, effective April 8, 1988; amended in R86-10 at 12 Ill. Reg. 7650, effective April 11, 1988; amended in R88-23 at 13 Ill. Reg. 10893, effective June 27, 1989; amended in R88-30(A) at 14 Ill. Reg. 3555, effective February 27, 1990; emergency amendments in R88-30A at 14 Ill. Reg. 6421, effective April 11, 1990, for a maximum of 150 days; amended in R88-19 at 14 Ill. Reg. 7596, effective May 8, 1990; amended in R89-16(A) at 14 Ill. Reg. 9173, effective May 23, 1990; amended in R88-30(B) at 15 Ill. Reg. 3309, effective February 15, 1991; amended in R88-14 at 15 Ill. Reg. 8018, effective May 14, 1991; amended in R91-7 at 15 Ill. Reg. 12217, effective August 19, 1991; amended in R91-10 at 15 Ill. Reg. 15595, effective October 11, 1991; amended in R89-7(B) at 15 Ill. Reg. 17687, effective November 26, 1991; amended in R91-9 at 16 Ill. Reg. 3132, effective February 18, 1992; amended in R91-24 at 16 Ill. Reg. 13555, effective August 24, 1992; amended in R91- 30 at 16 Ill. Reg. 13849, effective August 24, 1992; amended in R98-15 at 22 Ill. Reg. 11427, effective June 19, 1998; amended in R12-24 at 37 Ill. Reg. 1683, effective January 28, 2013; expedited correction at 37 Ill. Reg. 16858, effective January 28, 2013.

ILLINOIS REGISTER 16868 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES SEPTEMBER AGENDA

SCHEDULED MEETING:

STRATTON BUILDING ROOM C1 SPRINGFIELD, ILLINOIS OCTOBER 22, 2013 9:00 A.M.

NOTICES: The scheduled date and time for the JCAR meeting are subject to change. Due to Illinois Register submittal deadlines, the agenda below may be incomplete. Other items not contained in this published agenda may be considered by the Committee at the meeting, and items from the list may be postponed to future meetings.

RULEMAKINGS CURRENTLY BEFORE JCAR

NOTICE: It is the policy of the Committee to allow only representatives of State agencies to testify orally on any rule under consideration at Committee hearings. If members of the public wish to express their views with respect to a proposed rule, they should submit written comments to the Office of the Joint Committee on Administrative Rules at the following address:

Joint Committee on Administrative Rules 700 Stratton Office Building Springfield, Illinois 62706 Email: [email protected] Phone: 217/785-2254

PROPOSED RULEMAKINGS

Attorney General

1. Attorney General's Procurement (44 Ill. Adm. Code 1300) -First Notice Published: 37 Ill. Reg. 12696 – 8/9/13 -Expiration of Second Notice: 11/7/13

Central Management Services

2. Financial Incentive for Non-Medicare State Employees retirement System Annuitants Who Opt Out of the State Employees Group Health Plan (80 Ill. Adm. Code 2106)

ILLINOIS REGISTER 16869 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES SEPTEMBER AGENDA

-First Notice Published: 37 Ill. Reg. 11823 – 7/26/13 -Expiration of Second Notice: 10/26/13

3. State Employees' Group Insurance Program Retiree Premium Contributions (80 Ill. Adm. Code 2200) -First Notice Published: 37 Ill. Reg. 11832 – 7/26/13 -Expiration of Second Notice: 11/2/13

Children and Family Services

4. Department of Children and Family Services Scholarship Program (89 Ill. Adm. Code 312) -First Notice Published: 37 Ill. Reg. 5233 – 4/26/13 -Expiration of Second Notice: 11/16/13

Financial and Professional Regulation

5. Real Estate Appraiser Licensing (68 Ill. Adm. Code 1455) -First Notice Published: 37 Ill. Reg. 7851 – 6/14/13 -Expiration of Second Notice: 10/27/13

Health Facilities and Services Review Board

6. Narrative and Planning Policies (77 Ill. Adm. Code 1100) -First Notice Published: 37 Ill. Reg. 3934 – 4/5/13 -Expiration of Second Notice: 11/23/13

7. Processing, Classification Policies and Review Criteria (77 Ill. Adm. Code 1110) -First Notice Published: 37 Ill. Reg. 3982 – 4/5/13 -Expiration of Second Notice: 11/23/13

Healthcare and Family Services

8. Medical Payment (89 Ill. Adm. Code 140) -First Notice Published: 37 Ill. Reg. 5243 − 4/26/13 -Expiration of Second Notice: 11/14/13

9. Specialized Health Care Delivery Systems (89 Ill. Adm. Code 146) -First Notice Published: 37 Ill. Reg. 7191 − 5/31/13 -Expiration of Second Notice: 11/15/13

ILLINOIS REGISTER 16870 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES SEPTEMBER AGENDA

10. Medical Payment (89 Ill. Adm. Code 140) -First Notice Published: 37 Ill. Reg. 10941 − 7/19/13 -Expiration of Second Notice: 11/16/13

11. Hospital Services (89 Ill. Adm. Code 148) -First Notice Published: 37 Ill. Reg. 10980 − 7/19/13 -Expiration of Second Notice: 11/16/13

Health Facilities and Services Review Board

12. Narrative and Planning Policies (77 Ill. Adm. Code 1100) -First Notice Published: 37 Ill. Reg. 3934 – 4/5/13 -Expiration of Second Notice: 11/23/13

13. Processing, Classification Policies and Review Criteria (77 Ill. Adm. Code 1110) -First Notice Published: 37 Ill. Reg. 3982 – 4/5/13 -Expiration of Second Notice: 11/23/13

Insurance

14. Dissolution and Reestablishment of Inactive Police Pension Funds and Firefighters' Pension Funds (50 Ill. Adm. Code 4439) -First Notice Published: 37 Ill. Reg. 7871 – 6/14/13 -Expiration of Second Notice: 11/1013

Natural Resources

15. Duck, Goose and Coot Hunting (17 Ill. Adm. Code 590) -First Notice Published: 37 Ill. Reg. 13148 – 8/16/13 -Expiration of Second Notice: 11/17/13

16. Youth Hunting Seasons (17 Ill. Adm. Code 685) -First Notice Published: 37 Ill. Reg. 13219 – 8/16/13 -Expiration of Second Notice: 11/17/13

17. The Taking of Wild Turkeys – Fall Gun Season (17 Ill. Adm. Code 715) -First Notice Published: 37 Ill. Reg. 13270 – 8/16/13 -Expiration of Second Notice: 11/17/13

ILLINOIS REGISTER 16871 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES SEPTEMBER AGENDA

18. The Taking of Wild Turkeys – Fall Archery Season (17 Ill. Adm. Code 720) -First Notice Published: 37 Ill. Reg. 13284 – 8/16/13 -Expiration of Second Notice: 11/17/13

19. Grant Review and Processing Fees (17 Ill. Adm. Code 3000) -First Notice Published: 37 Ill. Reg. 2843 – 3/15/13 -Expiration of Second Notice: 11/9/13

20. Illinois Youth Recreation Corps Grant Program (17 Ill. Adm. Code 3075) -First Notice Published: 37 Ill. Reg. 12678 – 8/9/13 -Expiration of Second Notice: 11/15/13

21. Illinois Veteran Recreation Corps Grant Program (17 Ill. Adm. Code 3080) -First Notice Published: 37 Ill. Reg. 12687 – 8/9/13 -Expiration of Second Notice: 11/15/13

22. Construction in Floodways of Rivers, Lakes and Streams (17 Ill. Adm. Code 3700) -First Notice Published: 37 Ill. Reg. 4156 – 4/5/13 -Expiration of Second Notice: 11/14/13

23. Construction and Maintenance on Dams (17 Ill. Adm. Code 3702) -First Notice Published: 37 Ill. Reg. 6614 – 5/17/13 -Expiration of Second Notice: 11/14/13

24. Regulation of Public Waters (17 Ill. Adm. Code 3704) -First Notice Published: 37 Ill. Reg. 4168 – 4/5/13 -Expiration of Second Notice: 11/14/13

25. Floodway Construction in Northeastern Illinois (17 Ill. Adm. Code 3708) -First Notice Published: 37 Ill. Reg. 4183 – 4/5/13 -Expiration of Second Notice: 11/14/13

26. Rules Establishing Horizontal and Vertical Clearances for Bridges Over the Fox River (17 Ill. Adm. Code 3720) -First Notice Published: 37 Ill. Reg. 4199 – 4/5/13 -Expiration of Second Notice: 11/14/13

Public Health

27. Emergency Medical Services and Trauma Center Code (77 Ill. Adm. Code 515)

ILLINOIS REGISTER 16872 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES SEPTEMBER AGENDA

-First Notice Published: 37 Ill. Reg. 11205 – 7/19/13 -Expiration of Second Notice: 10/27/13

28. Emergency Medical Services and Trauma Center Code (77 Ill. Adm. Code 515) -First Notice Published: 37 Ill. Reg. 12391 – 8/2/13 -Expiration of Second Notice: 11/14/13

29. Food Service Sanitation Code (77 Ill. Adm. Code 750) -First Notice Published: 37 Ill. Reg. 11867 – 7/26/13 -Expiration of Second Notice: 11/7/13

30. Retail Food Store Sanitation Code (Repealer) (77 Ill. Adm. Code 760) -First Notice Published: 37 Ill. Reg. 11894 – 7/26/13 -Expiration of Second Notice: 11/7/13

31. Illinois Water Well Construction Code (77 Ill. Adm. Code 920) -First Notice Published: 36 Ill. Reg. 17308 – 12/14/12 -Expiration of Second Notice: 11/6/13

Secretary of State

32. Illinois State Library, Government Documents Section (23 Ill. Adm. Code 3020) -First Notice Published: 37 Ill. Reg. 7929 – 6/14/13 -Expiration of Second Notice: 11/6/13

33. Illinois State Library Grant Programs (23 Ill. Adm. Code 3035) -First Notice Published: 37 Ill. Reg. 7933 – 6/14/13 -Expiration of Second Notice: 11/6/13

34. Issuance of Licenses (92 Ill. Adm. Code 1030) -First Notice Published: 37 Ill. Reg. 13339 – 8/16/13 -Expiration of Second Notice: 11/16/13

35. Commercial Driver Training Schools (92 Ill. Adm. Code 1060) -First Notice Published: 37 Ill. Reg. 11985 – 7/26/13 -Expiration of Second Notice: 11/1/13

Student Assistance Commission

36. John R. Justice Student Loan Repayment Program (23 Ill. Adm. Code 2754)

ILLINOIS REGISTER 16873 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES SEPTEMBER AGENDA

-First Notice Published: 37 Ill. Reg. 11272 – 7/19/13 -Expiration of Second Notice: 11/3/13

Transportation

37. Chief Procurement Officer for the Department of Transportation – Contract Procurement (44 Ill. Adm. Code 6) -First Notice Published: 37 Ill. Reg. 12620 – 8/9/13 -Expiration of Second Notice: 11/9/13

38. Procedures For Transportation Workplace Drug and Alcohol Testing Programs (92 Ill. Adm. Code 340) -First Notice Published: 37 Ill. Reg. 12711 – 8/9/13 -Expiration of Second Notice: 11/17/13

39. Special Training Requirements (92 Ill. Adm. Code 380) -First Notice Published: 37 Ill. Reg. 12715 – 8/9/13 -Expiration of Second Notice: 11/17/13

40. Safety Fitness Procedures (92 Ill. Adm. Code 385) -First Notice Published: 37 Ill. Reg. 12729 – 8/9/13 -Expiration of Second Notice: 11/17/13

41. Procedures and Enforcement (92 Ill. Adm. Code 386) -First Notice Published: 37 Ill. Reg. 12735 – 8/9/13 -Expiration of Second Notice: 11/17/13

42. Minimum Levels of Financial Responsibility for Motor Carriers (92 Ill. Adm. Code 387) -First Notice Published: 37 Ill. Reg. 12749 – 8/9/13 -Expiration of Second Notice: 11/17/13

43. Motor Carrier Safety Regulations: General (92 Ill. Adm. Code 390) -First Notice Published: 37 Ill. Reg. 12752 – 8/9/13 -Expiration of Second Notice: 11/17/13

44. Qualification of Drivers (92 Ill. Adm. Code 391) -First Notice Published: 37 Ill. Reg. 12787 – 8/9/13 -Expiration of Second Notice: 11/17/13

45. Driving of Commercial Motor Vehicles (92 Ill. Adm. Code 392)

ILLINOIS REGISTER 16874 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES SEPTEMBER AGENDA

-First Notice Published: 37 Ill. Reg. 12794 – 8/9/13 -Expiration of Second Notice: 11/17/13

46. -Parts and Accessories Necessary for Safe Operation (92 Ill. Adm. Code 393) -First Notice Published: 37 Ill. Reg. 12798 – 8/9/13 -Expiration of Second Notice: 11/17/13

47. Hours-of-Service of Drivers (92 Ill. Adm. Code 395) -First Notice Published: 37 Ill. Reg. 12802 – 8/9/13 -Expiration of Second Notice: 11/17/13

48. Inspection, Repair and Maintenance (92 Ill. Adm. Code 396) -First Notice Published: 37 Ill. Reg. 12811 – 8/9/13 -Expiration of Second Notice: 11/17/13

49. Transportation of Hazardous Materials; Driving and Parking (92 Ill. Adm. Code 397) -First Notice Published: 37 Ill. Reg. 12818 – 8/9/13 -Expiration of Second Notice: 11/17/13

Veterans' Affairs

50. Survivors' Compensation Act Program (95 Ill. Adm. Code 120) -First Notice Published: 37 Ill. Reg. 4226 – 4/5/13 -Expiration of Second Notice: 10/26/13

EMERGENCY RULEMAKINGS

Healthcare and Family Services

51. Application Process (89 Ill. Adm. Code 110) -First Notice Published: 37 Ill. Reg. 15968 – 10/11/13

52. Medical Assistance Programs (89 Ill. Adm. Code 120) -First Notice Published: 37 Ill. Reg. 15976 – 10/11/13

53. Covering All Kids Health Insurance Program (89 Ill. Adm. Code 123) -First Notice Published: 37 Ill. Reg. 15993– 10/11/13

54. Children's Health Insurance Program (89 Ill. Adm. Code 125) -First Notice Published: 37 Ill. Reg. 15997– 10/11/13

ILLINOIS REGISTER 16875 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES SEPTEMBER AGENDA

55. Hospital Reimbursement Changes (89 Ill. Adm. Code 152) -First Notice Published: 37 Ill. Reg. 16003– 10/11/13

Human Services

56. Temporary Assistance for Needy Families (89 Ill. Adm. Code 112) -First Notice Published: 37 Ill. Reg. 15388 – 9/20/13

57. Refugee/Repatriate Program (89 Ill. Adm. Code 115) -First Notice Published: 37 Ill. Reg. 15416 – 9/20/13

58. Supplemental nutrition Assistance Program (SNAP) (89 Ill. Adm. Code 121) -First Notice Published: 37 Ill. Reg. 15423– 9/20/13

State Police

59. Firearm Concealed Carry Act Procedures (20 Ill. Adm. Code 1231) -First Notice Published: 37 Ill. Reg. 15146 – 9/13/13

Student Assistance Commission

60. Illinois National Guard (ING) Grant Program (23 Ill. Adm. Code 2730) -First Notice Published: 37 Ill. Reg. 15439 – 9/20/13

61. Golden Apple Scholars of Illinois Program (23 Ill. Adm. Code 2764) -First Notice Published: 37 Ill. Reg. 15446 – 9/20/13

Transportation

62. Disadvantaged Business Revolving Loan Program (92 Ill. Adm. Code 5) -First Notice Published: 37 Ill. Reg. 15531 – 9/27/13

PEREMPTORY RULEMAKING

Human Services

63. Supplemental Nutrition Assistance Program (SNAP) (89 Ill. Adm. Code 121) -First Notice Published: 37 Ill. Reg. 16016 – 10/11/13

ILLINOIS REGISTER 16876 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES SEPTEMBER AGENDA

AGENCY RESPONSES

Children and Family Services

64. Licensing Standards for Child Welfare Agencies (89 Ill. Adm. Code 401) -First Notice Published: 37 Ill. Reg. 6927 – 5/24/13 -Recommendation Date: 9/17/13 -Agency Response: Agreement

Healthcare and Family Services

65. Hospital Reimbursement Changes (89 Ill. Adm. Code 152) -First Notice Published: 37 Ill. Reg. 13589 – 8/16/13 -Recommendation Date: 9/17/13 -Agency Response: Modification

Natural Resources

66. Illinois Youth Recreation Corps Grant Program (17 Ill. Adm. Code 3075) -First Notice Published: 37 Ill. Reg. 8953 – 6/28/13 -Recommendation Date: 7/9/13 -Agency Response: Agreement

67. Illinois Veteran Recreation Corps Grant Program (17 Ill. Adm. Code 3080) -First Notice Published: 37 Ill. Reg. 8963 – 6/28/13 -Recommendation Date: 7/9/13 -Agency Response: Agreement

ILLINOIS REGISTER 16877 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY

SECOND NOTICES RECEIVED

The following second notices were received by the Joint Committee on Administrative Rules during the period of October 1, 2013 through October 7, 2013. The rulemakings are scheduled for review at the Committee's October 22, 2013 meeting. Other items not contained in this published list may also be considered. Members of the public wishing to express their views with respect to a rulemaking should submit written comments to the Committee at the following address: Joint Committee on Administrative Rules, 700 Stratton Bldg., Springfield IL 62706.

Second Start Notice Of First JCAR Expires Agency and Rule Notice Meeting

11/14/13 Department of Healthcare and Family Services, 4/26/13 10/22/13 Medical Payment (89 Ill. Adm. Code 140) 37 Ill. Reg. 5243

11/14/13 Department of Natural Resources, Construction 4/5/13 10/22/13 in Floodways of Rivers, Lakes and Streams (17 37 Ill. Reg. Ill. Adm. Code 3700) 4156

11/14/13 Department of Natural Resources, Regulation of 4/5/13 10/22/13 Public Waters (17 Ill. Adm. Code 3704) 37 Ill. Reg. 4168

11/14/13 Department of Natural Resources, Floodway 4/5/13 10/22/13 Construction in Northeastern Illinois (17 Ill. 37 Ill. Reg. Adm. Code 3708) 4183

11/14/13 Department of Natural Resources, Construction 5/17/13 10/22/13 and Maintenance of Dams (17 Ill. Adm. Code 37 Ill. Reg. 3702) 6614

11/14/13 Department of Natural Resources, Rules 4/5/13 10/22/13 Establishing Horizontal and Vertical Clearances 37 Ill. Reg. for Bridges Over the Fox River (17 Ill. Adm. 4199 Cod 3720)

ILLINOIS REGISTER 16878 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY

SECOND NOTICES RECEIVED

11/14/13 Department of Public Health, Emergency 8/2/13 10/22/13 Medical Services and Trauma Center Code (77 37 Ill. Reg. Ill. Adm. Code 515) 12391

11/15/13 Department of Healthcare and Family Services, 5/31/13 10/22/13 Specialized Health Care Delivery Systems (89 37 Ill. Reg. Ill. Adm. Code 146) 7191

11/15/13 Department of Natural Resources, Illinois 8/9/13 10/22/13 Youth Recreation Corps Grant Program (17 Ill. 37 Ill. Reg. Adm. Code 3075) 12678

11/15/13 Department of Natural Resources, Illinois 8/9/13 10/22/13 Veteran Recreation Corps Grant Program (17 37 Ill. Reg. Ill. Adm. Code 3080) 12687

11/16/13 Department of Children and Family Services, 4/26/13 10/22/13 Department of Children and Family Services 37 Ill. Reg. Scholarship Program (89 Ill. Adm. Code 312) 5233

11/16/13 Department of Healthcare and Family Services, 7/19/13 10/22/13 Medical Payment (89 Ill. Adm. Code 140) 37 Ill. Reg. 10941

11/16/13 Department of Healthcare and Family Services, 7/19/13 10/22/13 Hospital Services (89 Ill. Adm. Code 148) 37 Ill. Reg. 10980

11/16/13 Secretary of State, Issuance of Licenses (92 Ill. 8/16/13 10/22/13 Adm. Code 1030) 37 Ill. Reg. 13339

11/17/13 Department of Natural Resources, Duck, Goose 8/16/13 10/22/13 and Coot Hunting (17 Ill. Adm. Code 590) 37 Ill. Reg. 13148

11/17/13 Department of Natural Resources, Youth 8/16/13 10/22/13 Hunting Seasons (17 Ill. Adm. Code 685) 37 Ill. Reg.

ILLINOIS REGISTER 16879 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY

SECOND NOTICES RECEIVED

13219

11/17/13 Department of Natural Resources, The Taking 8/16/13 10/22/13 of Wild Turkeys – Fall Gun Season (17 Ill. 37 Ill. Reg. Adm. Code 715) 13270

11/17/13 Department of Natural Resources, The Taking 8/16/13 10/22/13 of Wild Turkeys – Fall Archery Season (17 Ill. 37 Ill. Reg. Adm. Code 720) 13284

11/17/13 Department of Transportation, Procedures For 8/9/13 10/22/13 Transportation Workplace Drug and Alcohol 37 Ill. Reg. Testing Programs (92 Ill. Adm. Code 340) 12711

11/17/13 Department of Transportation, Special Training 8/9/13 10/22/13 Requirements (92 Ill. Adm. Code 380) 37 Ill. Reg. 12715

11/17/13 Department of Transportation, Safety Fitness 8/9/13 10/22/13 Procedures (92 Ill. Adm. Code 385) 37 Ill. Reg. 12729

11/17/13 Department of Transportation, Procedures and 8/9/13 10/22/13 Enforcement (92 Ill. Adm. Code 386) 37 Ill. Reg. 12735

11/17/13 Department of Transportation, Minimum Levels 8/9/13 10/22/13 of Financial Responsibility for Motor Carriers 37 Ill. Reg. (92 Ill. Adm. Code 387) 12749

11/17/13 Department of Transportation, Motor Carrier 8/9/13 10/22/13 Safety Regulations: General (92 Ill. Adm. Code 37 Ill. Reg. 390) 12752

11/17/13 Department of Transportation, Qualification of 8/9/13 10/22/13 Drivers (92 Ill. Adm. Code 391) 37 Ill. Reg. 12787

ILLINOIS REGISTER 16880 13 JOINT COMMITTEE ON ADMINISTRATIVE RULES ILLINOIS GENERAL ASSEMBLY

SECOND NOTICES RECEIVED

11/17/13 Department of Transportation, Driving of 8/9/13 10/22/13 Commercial Motor Vehicles (92 Ill. Adm. Code 37 Ill. Reg. 392) 12794

11/17/13 Department of Transportation, Parts and 8/9/13 10/22/13 Accessories Necessary for Safe Operation (92 37 Ill. Reg. Ill. Adm. Code 393) 12798

11/17/13 Department of Transportation, Hours-of-Service 8/9/13 10/22/13 of Drivers (92 Ill. Adm. Code 395) 37 Ill. Reg. 12802

11/17/13 Department of Transportation, Inspection, 8/9/13 10/22/13 Repair and Maintenance (92 Ill. Adm. Code 37 Ill. Reg. 396) 12811

11/17/13 Department of Transportation, Transportation of 8/9/13 10/22/13 Hazardous Materials; Driving and Parking (92 37 Ill. Reg. Ill. Adm. Code 397) 12818

ILLINOIS REGISTER 16881 13 PROCLAMATIONS

2013-355 Fritz Pollard Day

WHEREAS, Frederick Douglass "Fritz" Pollard, the first African-American quarterback and head coach in the history of professional football, was born January 27th 1894, in Chicago, Illinois; and,

WHEREAS, Fritz Pollard was a student of Brown University, where he achieved great status and made many ‘firsts' and helped lead Brown as the first university to best Yale and Harvard within a season; and,

WHEREAS, Fritz Pollard was among the first group of African-Americans drafted in the NFL or APFL, and alongside the Akron Pros won the first professional football championship; and,

WHEREAS, Fritz Pollard organized many professional teams and helped integrate their rosters, and recruited many of the first prominent black players; and,

WHEREAS, Fritz Pollard has been inducted into five different halls of fame and has been awarded both an honorary doctorate from Brown University and the prestigious Whitney M. Young, Jr. Memorial Award; and,

WHEREAS, while Fritz Pollard is best known for his football achievements he also founded the first black investment firm, began the first weekly black tabloid, started his own movie studio, served as a tax consultant, and created a coal delivery system for Chicago and New York City; and,

WHEREAS, Fritz Pollard's innovative work in breaking ground for African-Americans is continued today by the Fritz Pollard Alliance; which promotes minority hiring throughout the sport of football, and;

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim January 27, 2014, as FRITZ POLLARD DAY in Illinois, in support of his many achievements, and in recognition of his desire to make the world a better place.

Issued by the Governor September 17, 2013 Filed by the Secretary of State October 1, 2013

2013-356 Great River Road National Scenic Byway Day

ILLINOIS REGISTER 16882 13 PROCLAMATIONS

WHEREAS, the Mississippi River Parkway Commission (MRPC) was founded by order of Congress in 1938 to develop and oversee the Great River Road; and,

WHEREAS, the Great River Road has grown to become 3,000 miles of interconnected roads that follow the Mississippi River through ten states, from Lake Itasca in northern Minnesota to the Gulf of Mexico; and,

WHEREAS, the Great River Road segments in all ten states have achieved National Scenic Byway Designation, making the Great River Road the longest and most important National Scenic Byway in the nation; and,

WHEREAS, the Great River Road runs through 119 counties and parishes, serving as a conduit for bringing tourism dollars into hundreds of cities and river towns along the byway; and,

WHEREAS, for 75 years the Great River Road has served as a way for Americans and visitors from around the world to discover and experience the rich culture of the Mississippi River region and the heart of America; and,

WHEREAS, 520 miles of the Great River Road National Scenic Byway run through the State of Illinois, a segment that links important historical, cultural, recreational, natural and scenic attractions; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim September 18, 2013, as GREAT RIVER ROAD NATIONAL SCENIC BYWAY DAY, in recognition of the role it plays in the life and economic health of the communities and states through which it runs.

Issued by the Governor September 17, 2013 Filed by the Secretary of State October 1, 2013

2013-357 Hector Santiago Day

WHEREAS, Hector Santiago, a Major League Baseball pitcher for the Chicago White Sox, was born on December 16, 1987, in Newark, New Jersey; and,

WHEREAS, Hector Santiago is a graduate of Bloomfield Vocational Technical High School and attended Okaloosa-Walton Community College, where he demonstrated his abilities as a pitcher and love for the sport of baseball; and,

ILLINOIS REGISTER 16883 13 PROCLAMATIONS

WHEREAS, Hector Santiago was drafted by the Chicago White Sox in the 30th round of the 2006 Major League Baseball Draft and was called up to the majors for the first time on June 26, 2011; and,

WHEREAS, in 2012, Hector Santiago went 2-0 with a 1.86 era in four starts and 2-1 with a 3.88 mark in 38 relief appearances for the Chicago White Sox; and,

WHEREAS, so far this season with the Chicago White Sox, Hector Santiago has a 3.47 ERA in 22 starts, with 121 strikeouts over 124 1/3 innings; and,

WHEREAS, although Hector Santiago utilizes a variety of pitches, his most common is the speedy four-seam fastball, which falls in the range of 91-96 mph. His off-speed pitches include a curveball, slider, changeup, and occasionally a cutter or sinker; and,

WHEREAS, despite his accomplishments as a baseball player, Hector Santiago has remained humble and committed to serving others. He is a true role-model for the citizens of the Land of Lincoln; and,

WHEREAS, Tuesday, September 17th, is Roberto Clemente Day throughout baseball, a day instituted on the 30th anniversary of his passing, in order to keep his spirit of giving alive; and,

WHEREAS, Hector Santiago is the Chicago White Sox nominee for the 2013 Roberto Clemente Award. Voting for this recognition will run from September 17th through October 6th; and,

WHEREAS, Hector Santiago is deserving of this nomination and has been involved with numerous White Sox charities and assisted in community service days. In addition, he has partnered with USO of Illinois and developed "Santiago's Soldiers," a program that supports children and families dealing with illness by inviting them to games; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim September, 17, 2013, as HECTOR SANTIAGO DAY in Illinois, in support of his nomination for the 2013 Roberto Clemente Award, and in recognition of his desire to make the world a better place.

Issued by the Governor September 17, 2013 Filed by the Secretary of State October 1, 2013

2013-358 Illinois Flag Display Act Sergeant 1st Class Baker

ILLINOIS REGISTER 16884 13 PROCLAMATIONS

WHEREAS, all citizens owe a tremendous debt of gratitude to the men and women of the armed forces who selflessly serve to protect our lives and keep our families safe; and,

WHEREAS, every day these men and women face great risks and put their safety on the line to perform their duties; and,

WHEREAS, on Friday, September 13, Illinois National Guard Sergeant 1st Class Jerome Baker of Riverdale, Illinois died at age 29 while completing a physical fitness exam at Fort Custer in Augusta, Michigan; and,

WHEREAS, Sergeant 1st Class Jerome Baker was assigned to Golf Company, 634th Brigade Support Battalion, 33rd Infantry Combat Brigade, based at the Joliet Armory in Joliet, Illinois; and,

WHEREAS, Sergeant 1st Class Jerome Baker was a resident of Riverdale, Illinois, where he was a valuable member of the community; and,

WHEREAS, throughout his career as a proud member of the Illinois National Guard, Sergeant 1st Class Baker represented the State of Illinois admirably; and,

WHEREAS, Sergeant 1st Class Jerome Baker was well respected and admired by his fellow soldiers, subordinates, and leaders; and,

WHEREAS, a funeral will be held on Friday, September 20, 2013 for Sergeant 1st Class Baker, who is survived by many loving family members and friends; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby order all persons or entities governed by the Illinois Flag Display Act to fly their flags at half-staff from sunrise Wednesday, September 18 until sunset on Friday, September 20, 2013, in honor and remembrance of Sergeant 1st Class Jerome Baker, whose selfless service and sacrifice is an inspiration.

Issued by the Governor September 17, 2013 Filed by the Secretary of State October 1, 2013

2013-359 Male Breast Cancer Awareness Week

WHEREAS, a projected 2,200 men nationally will be diagnosed with breast cancer in 2013; and,

WHEREAS, an estimated 450 men nationally will lose their lives to breast cancer in 2013; and,

ILLINOIS REGISTER 16885 13 PROCLAMATIONS

WHEREAS, incidences of male breast cancer have been steadily increasing over the past twenty years; and,

WHEREAS, thirty percent of men who are diagnosed will lose their lives when compared to nineteen percent of women diagnosed who will lose their lives; and,

WHEREAS, breast cancer is generally branded as a women's disease and affected men are often undiagnosed because of their lack of knowledge about this disease's ability to harm them; and,

WHEREAS, educational programs designed to enhance the public's knowledge of the risk this disease poses would encourage more men to receive regular check-ups and medical exams; and,

WHEREAS, since male breast cancer spreads rapidly, it is important that this disease be detected early; and,

WHEREAS, the best chance for fighting breast cancer is early detection through mammography screening, which when paired with new treatment options, can dramatically improve a man's chance of survival; and,

WHEREAS, Illinois aims to raise awareness of the occurrence of breast cancer in men and to encourage regular testing for breast cancer amongst all citizens in the Land of Lincoln; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim the third week in October, 2013 as MALE BREAST CANCER AWARENESS WEEK in Illinois, and encourage all citizens to join me in the continued fight against breast cancer.

Issued by the Governor September 18, 2013 Filed by the Secretary of State October 1, 2013

2013-360 Disability Employment Awareness Month

WHEREAS, there are approximately 58 million Americans with disabilities including approximately 1.4 million living in Illinois who have physical, sensory, and mental impairments that limit one or more major life activities; and,

WHEREAS, people with disabilities are more than twice as likely to be living in poverty as their nondisabled peers; and,

ILLINOIS REGISTER 16886 13 PROCLAMATIONS

WHEREAS, due to poverty and isolation, these individuals are less likely to attend social, recreational, and sporting events than their friends and neighbors; and,

WHEREAS, the labor participation rate for people with disabilities is only 20.5% compared to 69% for people without disabilities; and,

WHEREAS, Title I of the Americans with Disabilities Act as well as the Illinois Human Rights Act precludes discrimination in employment against qualified individuals with disabilities; and,

WHEREAS, the State of Illinois offers programs such as the Successful Disability Opportunity Program and the Health Benefits for Workers with Disabilities Program to make employment more attainable for job seekers with a disability; and,

WHEREAS, the State of Illinois recently enacted legislation that establishes Illinois as an Employment First State; and,

WHEREAS, workers with disabilities have consistently proven themselves to be highly responsible, conscientious employees; and,

WHEREAS, the Month of October has been designated National Disability Employment Awareness Month, with a variety of activities being held throughout the nation to commemorate the contributions that employees with disabilities make in the workforce; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim October 2013 as DISABILITY EMPLOYMENT AWARENESS MONTH in Illinois, and reaffirm the commitment of my administration to the recruitment, hiring, and promotion of Illinoisans with disabilities.

Issued by the Governor September 19, 2013 Filed by the Secretary of State October 1, 2013

2013-361 Illinois Flag Display Act Major James Sizemore

WHEREAS, all citizens owe a tremendous debt of gratitude to the men and women of the armed forces who selflessly serve to protect our lives and keep our families safe; and,

WHEREAS, the veterans of the Vietnam War are owed a special debt of gratitude for reminding the state and the nation of the value of service following an unpopular war, and;

ILLINOIS REGISTER 16887 13 PROCLAMATIONS

WHEREAS, more than 50 years after the end of the Vietnam War, service members and veterans will not rest until all of their comrades in arms are found, and:

WHEREAS, every day U.S. military men and women face great risks and in many cases put their safety on the line to perform their duties; and,

WHEREAS, on July 8, 1969 Major James E. Sizemore was piloting an A-26 Invader on an armed reconnaissance mission when his aircraft crashed in Xiangkhoang Province, Laos; and,

WHEREAS, in 1993, a joint US and Lao People's Democratic Republic team investigated an aircraft crash site; and,

WHEREAS, in 2010, a joint US and Lao People's Democratic Republic team evacuated human remains, aircraft wreckage, personal effects and military equipment associated with Major Sizemore; and,

WHEREAS, in 2013, the remains from the aircraft were identified as Major Sizemore's and that of his co-pilot, Maj. Howard V. Andre Jr.; and,

WHEREAS, Major Sizemore was a resident of Lawrenceville, Illinois, and 38 years old at his time of death; and,

WHEREAS, throughout his career as a proud member of the United States Air Force, Major Sizemore represented the State of Illinois admirably; and,

WHEREAS, a funeral service with military honors will be held on Monday, September 23, 2013, at Arlington National Cemetery for Major Sizemore; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby order all persons or entities governed by the Illinois Flag Display Act to fly their flags at half-staff on sunrise Saturday, September 21 until sunset on Monday September 23, 2013 in honor and remembrance of Major James E. Sizemore, whose selfless service and sacrifice is an inspiration.

Issued by the Governor September 19, 2013 Filed by the Secretary of State October 1, 2013

2013-362 Central American Independence Day

WHEREAS, the State of Illinois is honored to join the Central American community in celebrating the 192nd Anniversary of Central American Independence; and,

ILLINOIS REGISTER 16888 13 PROCLAMATIONS

WHEREAS, this event commemorates the date of September 15, 1821, when the Central American nations of Guatemala, Honduras, El Salvador, Costa Rica, and Panama jointly declared their independence from Spain; and,

WHEREAS, now, nearly two centuries later, Guatemalans, Hondurans, El Salvadorians, Costa Ricans, and Panamanians all across the globe gather to commemorate the birth of their freedom; and,

WHEREAS, here in Illinois, the Central American community is flourishing and has made many significant economic and cultural contributions to the Land of Lincoln; and,

WHEREAS, on September 26, 2013, Hon. Maria Gabriela Sanchez Arrieta, Consul General Costa Rica; Hon. Hugo Haroldo Hun Archila, Consul General Guatemala; Hon Jose Erazmo Montalvan Hernandez, Consul General Honduras; and Hon. Patricia Maza-Pittsford, Consul General El Salvador, will be hosting a reception to commemorate the anniversary of Central American Independence; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim September 26, 2013, as CENTRAL AMERICAN INDEPENDENCE DAY in Illinois, in recognition of Central America's 192nd Anniversary of Independence, and in tribute to all Central Americans who call Illinois home.

Issued by the Governor September 20, 2013 Filed by the Secretary of State October 1, 2013

2013-363 Curtis Mayfield Day

WHEREAS, Illinois is a leader in supporting the arts, and music has always been an important component of the artistic fabric of our state; and,

WHEREAS, Curtis Mayfield was born in Chicago on June 3, 1942, and grew up in the Cabrini Green area; and,

WHEREAS, Curtis Mayfield experienced great success as a solo artist, producer, song writer, and member of the Impressions; and,

WHEREAS, Curtis Mayfield began his music career at an early age and was a member of the Roosters by the time he was 14. He formed the Impressions in 1958, which became popular for

ILLINOIS REGISTER 16889 13 PROCLAMATIONS introducing social and political consciousness into African American music as well as R & B; and,

WHEREAS, the Impressions had several Top Ten record chart hits including "Keep on Pushing," "People Get Ready," "It's All Right," "Talking about my Baby," and "Woman's Got Soul"; and,

WHEREAS, in the 1960s, Curtis Mayfield and the Impressions achieved widespread National recognition for their song "Keep on Pushing," which served as an anthem for Martin Luther King Jr. and the Civil Rights Movement; and,

WHEREAS, aside from enormous commercial success with the Impressions, Curtis Mayfield also had a critically acclaimed solo career as a recording artist. His solo album "Super Fly" is regarded as a top 100 album of all time by Rolling Stone and has influenced numerous other performers and invented a new style of modern black music; and,

WHEREAS, Curtis Mayfield was inducted into the Vocal Group Hall of Fame, the Rock and Roll Hall of Fame, the Songwriters Hall of Fame, the Grammy Hall of Fame, and won the Grammy Legends Award, and the Grammy Lifetime Achievement Award; and,

WHEREAS, Curtis Mayfield founded the Mayfield and Windy C record label, and produced and wrote records for the Impressions, Leroy Hutson, The Staple Singers, Baby Huey, and the Babysitters; and,

WHEREAS, Curtis Mayfield was dedicated to using music as a platform to advance the social and political interests of African Americans; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim September 29, 2013, as CURTIS MAYFIELD DAY in Illinois, in recognition of Curtis Mayfield's tremendous musical success, contributions to the entertainment industry, and his significant role in the Civil Rights Movement.

Issued by the Governor September 20, 2013 Filed by the Secretary of State October 1, 2013

2013-364 Net Cancer Awareness Day

WHEREAS, neuroendocrine tumors/tumours (NETs) often develop into cancer and, if left untreated, can result in serious illness and death; and,

ILLINOIS REGISTER 16890 13 PROCLAMATIONS

WHEREAS, NET cancer patients are often misdiagnosed or receive a delayed diagnosis, which can have a negative impact on their chance of survival and quality of life; and,

WHEREAS, survival for NET cancer patients is further compromised by fragmented care and lack of access to treatment by networks of specialists; and,

WHEREAS, although there have been advances in the detection and treatment of NET cancers, not all patients are benefiting quickly enough from scientific and medical progress in the field; and,

WHEREAS, with timely diagnosis and proper treatment, NET cancer patients can have significantly improved outcomes and quality of life; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim November 10, 2013 as NET CANCER AWARENESS DAY in Illinois to encourage patients, caregivers, healthcare professionals as well as the wider Illinois community, to join with us as we work together to raise awareness about NET cancers and the need for timely diagnosis and optimal treatment and care.

Issued by the Governor September 20, 2013 Filed by the Secretary of State October 1, 2013

2013-365 Thyroid Cancer Awareness Month

WHEREAS, The American Cancer Society estimates that approximately 56,460 new cases of thyroid cancer will be diagnosed in the United States this year; and,

WHEREAS, the likelihood of being diagnosed with thyroid cancer has been on the rise, and is now more than double what it was in 1990; and,

WHEREAS, thyroid cancer is more common in younger people, and nearly two-thirds of those diagnosed with thyroid cancer are between the ages of 20 and 55; and,

WHEREAS, thyroid cancer has been growing at a rate of about 6% a year since 1997; and,

WHEREAS, survival rates for people diagnosed with thyroid cancer are higher for younger patients. More than 95% of those under age 40 are likely to survive the disease for at least five years; and,

ILLINOIS REGISTER 16891 13 PROCLAMATIONS

WHEREAS, thyroid cancer affects women more than men, and in the United States, women are two to three times more likely than men to develop thyroid cancer; and

WHEREAS, to underscore the importance of early detection, the American Association of Clinical Endocrinologists (AACE) encourages Americans to perform a simple self-exam they call the "Thyroid Neck Check." Examining your neck can in some cases help you find lumps or enlargements that may point to thyroid conditions, including nodules, goiter and thyroid cancer; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim September 2013 as THYROID CANCER AWARENESS MONTH in Illinois to raise awareness of early detection and the need for timely diagnosis and optimal treatment of thyroid cancer.

Issued by the Governor September 20, 2013 Filed by the Secretary of State October 1, 2013

2013-366 Childhood Lead Poisoning Prevention Week

WHEREAS, approximately 500,000 children tested in the United States were confirmed with blood lead levels greater than the new intervention level recommended by the U.S. Centers for Disease Control and Prevention in 2012; and,

WHEREAS, Illinois identified approximately 19,800 children with confirmed blood lead levels greater than the new intervention level recommended by the U.S. Centers for Disease Control and Prevention; and,

WHEREAS, lead poisoning is one of the most preventable environmental health problems; and,

WHEREAS, even at low levels, lead poisoning can affect nearly every system in the body, causing learning disabilities, shortened attention span, behavioral problems and, in extreme instances, seizure, coma and even death; and,

WHEREAS, lead poisoning can affect any family regardless of race, socioeconomic status and education; and,

WHEREAS, the major source of lead exposure among Illinois children continues to be lead- contaminated dust and lead-based paint banned in 1978; and,

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WHEREAS, Illinois data indicates a significant decline in the number of lead poisoned children from 1996 to 2012, however, there still remains more than 3.5 million housing units built prior to 1978 where an estimated 2 million contain lead; and,

WHEREAS, Illinois passed the Lead Poisoning Prevention Act in 1973 to set mandatory screening and reporting requirements; and,

WHEREAS, Illinois established the Lead Poisoning Prevention Program in the Illinois Department of Public Health to monitor the identification and treatment of lead poisoned children; and,

WHEREAS, Illinois amended the Lead Poisoning Prevention Act in 2006, establishing new guidelines to further expand on lead poisoning prevention efforts in the state; and,

WHEREAS, Illinois is pleased to join with health care professionals, agencies and their delegates in observance of National Lead Poisoning Prevention Week, in an effort to increase awareness and promote prevention of lead poisoning in children; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, proclaim October 20-26, 2013, as CHILDHOOD LEAD POISONING PREVENTION WEEK in Illinois and encourage all citizens to recognize the prevalence of lead poisoning in our society and to join in working toward eradicating this unfortunate and unnecessary condition.

Issued by the Governor September 23, 2013 Filed by the Secretary of State October 1, 2013

2013-367 Diversity Employment Day

WHEREAS, a Diverse workplace and "Getting America Back to Work" is an economic necessity; and,

WHEREAS, the success of a company in the 21st century is dependent in part on its ability to maintain a workforce that mirrors the diverse community it serves; and,

WHEREAS, the Diversity Employment Day Career Fair for Chicago and Illinois will bring together Illinois' major employers with thousands of qualified diversity professionals; and,

WHEREAS, the Diversity Employment Day Career Fair will offer employment opportunities and career guidance for professionals in accounting, administration, healthcare, hardware and

ILLINOIS REGISTER 16893 13 PROCLAMATIONS software engineering, finance, information technology, law enforcement, management, marketing, sales, network, data and telecommunications; and,

WHEREAS, the Diversity Employment Day Career Fair will be held at the Congress Plaza Hotel in Chicago, Illinois on October 23, 2013; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim October 23, 2013 as DIVERSITY EMPLOYMENT DAY in Illinois, and congratulate all participants for recognizing the economic and social value in employing a diverse workforce.

Issued by the Governor September 23, 2013 Filed by the Secretary of State October 1, 2013

2013-368 Careers in Energy Week

WHEREAS, safe, reliable and affordable energy is essential to our families, communities and businesses; and,

WHEREAS, energy supplies the simple things in life – heating, cooling, cooking, and lighting; and,

WHEREAS, energy supports modern society's complex systems – providing health care, air traffic control, running a manufacturing plant. Energy also makes possible the fun things in life – lights at a baseball field, air conditioning at the theater, rides at the state fair; and,

WHEREAS, the large demand from the industrial sector makes Illinois among the nation's leading consumers of energy. The state's ability to maintain and expand these systems depends on the availability of a highly skilled, educated workforce; and,

WHEREAS, to promote workforce continuity and meet the challenges of our ever-changing economy, new workers are needed; and,

WHEREAS, women and minorities should be encouraged to pursue a career in energy. According to the Bureau of Labor Statistics women and minorities are significantly underrepresented in the engineering workforce; and,

WHEREAS, through strategic partnerships, members of the Illinois Energy Workforce Consortium (Ameren, Association of Illinois Electric Cooperatives, ComEd and Exelon Generation, Illinois State University, Mt. Carmel Public Utility Company, Nicor Gas, People's Gas, Primera and others) strive to promote a unified and results-oriented strategy to ensure

ILLINOIS REGISTER 16894 13 PROCLAMATIONS

Illinoisans find new and rewarding careers in energy so that Illinois can continue to grow and prosper; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, proclaim October 14-20, 2013, as CAREERS IN ENERGY WEEK in Illinois. The Illinois Energy Workforce Consortium and its partners will hold events throughout the state to highlight the need for a strong and growing energy workforce and encourage Illinoisans of all ages to consider a career in the energy industry.

Issued by the Governor September 24, 2013 Filed by the Secretary of State October 1, 2013

2013-369 Carmen Velasquez Day

WHEREAS, the founder and Executive Director of Alivio Medical Center since 1988, Carmen Velásquez has dedicated her life to improving access to quality health care services for the Latino community in Chicago, Illinois, and,

WHEREAS, Carmen Velásquez will retire from Alivio Medical Center in January 2014; and,

WHEREAS, for the past 25 years, Carmen Velásquez has provided Alivio Medical Center with her honorable and dedicated service; and,

WHEREAS, Carmen Velásquez's efforts over the years have undoubtedly created a lasting impact. She has brought great fairness, thoughtfulness, and wisdom to her work, advancing the goals and mission of Alivio Medical Center in order to expand access to quality, affordable health care; and,

WHEREAS, Carmen Velásquez is to be commended for 25 years of service to Alivio Medical Center and the people of the State of Illinois; and,

WHEREAS, under her leadership, Alivio Medical Center grew from one community health center to a network of six clinics, with plans to open two new sites in late 2013; and,

WHEREAS, a strong believer in civic engagement and the importance of improving America's health care system, Carmen Velásquez serves as a role-model for current and future medical professionals; and,

WHEREAS, Carmen Velásquez has been recognized for excellence in her work throughout the years. She has received numerous awards including the National Football League's Hispanic

ILLINOIS REGISTER 16895 13 PROCLAMATIONS

Heritage Leadership Award, the 100 Influential Leaders Award, the Ohtli Award, the Robert Wood Johnson Foundation Community Health Leadership Award, the Latino Leaders Magazine Maestro Award, and the MALDEF Lifetime Achievement Award; and,

WHEREAS, as a long-time loving family member, friend, and co-worker, Carmen Velásquez has touched many lives, inspiring people and empowering them to achieve to the very best of their abilities; and,

WHEREAS, Carmen Velásquez's work ethic and commitment exemplify the dedication to service the citizens of this state deserve and expect; and,

WHEREAS, the people of the Land of Lincoln are pleased to extend their best wishes to Carmen Velásquez for a very happy retirement; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim October 2, 2013, as CARMEN VELASQUEZ DAY in Illinois, in recognition of her commitment to civic engagement, dedication to the Latino community and improving the American health care system, and in celebration of her retirement.

Issued by the Governor September 24, 2013 Filed by the Secretary of State October 1, 2013

2013-370 Illinois Flag Display Act Staff Sergeant Lane

WHEREAS, all citizens owe a tremendous debt of gratitude to the men and women of the armed forces who selflessly serve to protect our lives and keep our families safe; and,

WHEREAS, every day these men and women face great risks and in many cases put their safety on the line to perform their duties; and,

WHEREAS, on Friday, September 13, United States Army Staff Sergeant Randall R. Lane of Neoga, Illinois died at age 43 while serving in Kabul,, Afghanistan, serving in support of Operation Enduring Freedom; and,

WHEREAS, Staff Sergeant Lane graduated from Neoga Junior-Senior High in 1988 and served in the United States Marine Corp and Indiana National Guard for over 20 years; and,

WHEREAS, Staff Sergeant Lane served as a motor transport operator and provided security for convoy operations in support of Operation Enduring Freedom; and,

ILLINOIS REGISTER 16896 13 PROCLAMATIONS

WHEREAS, a funeral will be held at 10 a.m. on Wednesday, September 25th at First Christian Church in Neoga for Staff Sergeant Lane, who is survived by many loving family members; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby order all persons or entities governed by the Illinois Flag Display Act to fly their flags at half-staff immediately until sunset on September 25, 2013 in honor and remembrance of Staff Sergeant Lane, whose selfless service and sacrifice is an inspiration.

Issued by the Governor September 24, 2013 Filed by the Secretary of State October 1, 2013

2013-371 Swami Vivekananda Day

WHEREAS, born in Calcutta on January 12, 1863, Swami Vivekananda was an influential Hindu philosopher and humanitarian who gained extensive knowledge in Western philosophy, art, literature, science, and medicine; and,

WHEREAS, as a prominent scholar, Swami Vivekananda delivered many lectures and left his four classics for posterity: Jnana-Yoga, Bhakti-Yoga, Karma-Yoga, and Raja-Yoga; and,

WHEREAS, Swami Vivekananda's lectures and writings have been gathered into nine volumes; and,

WHEREAS, Swami Vivekananda spoke at the Chicago Parliament of Religions in 1893, a speech that would garner him international acclaim for his abilities as an orator; and,

WHEREAS, after his speech in Chicago, Swami Vivekananda spent three and half years living and teaching in the United States as well as England before returning to India and founding the Ramakrishna Mission, which provided monks with an opportunity to work on social service projects throughout India and in other countries; and,

WHEREAS, appalled by the poverty he witnessed during his travels in India, Swami Vivekananda understood the importance of improving methods of agriculture in order to ensure food was available for needy individuals; and,

WHEREAS, Swami Vivekananda was a compassionate, dedicated individual who spent his life guiding and inspiring his fellow human beings; and,

WHEREAS, Swami Vivekananda believed in a philosophy of a world without borders; and,

ILLINOIS REGISTER 16897 13 PROCLAMATIONS

WHEREAS, Swami Vivekananda died on July 4, 1902, at the age of 39; and,

WHEREAS, on September 27-28, 2013, numerous temples and cultural associations in the Greater Chicago area will be celebrating Swami Vivekananda's 150th birthday; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim September 28, 2013, as SWAMI VIVEKANANDA DAY in Illinois, in recognition of his contributions as a scholar, speech at Chicago's Parliament of Religions in 1893, and commitment to making the world a better place.

Issued by the Governor September 24, 2013 Filed by the Secretary of State October 1, 2013

2013-372 German-American Day

WHEREAS, the United States of America is a land of opportunity where people are recognized for their diverse heritage; and,

WHEREAS, Germans first immigrated to our shores during early American colonial history. Among the first group to immigrate were 13 Mennonite families from Krefeld who founded Germantown, Pennsylvania; and,

WHEREAS, in 1987, President Ronald Reagan issued a proclamation recognizing the many achievements and successes of German-Americans. Since then, German-American Day has been celebrated every year; and,

WHEREAS, in Illinois, German-Americans have been influential in every field from the sciences and manufacturing to the arts and government. Germans began arriving in Illinois in the 1830s, and by 1900, German-Americans comprised one-quarter of Chicago's population. Elected in 1892, John Altgeld served as the first German-born Governor of Illinois; and,

WHEREAS, German-Americans contribute significantly to this country working in a variety of different professions. It is important that we recognize their valuable contributions to making the United States a world leader in business and politics, and the bravery they have displayed in serving our country during times of war, dating as far back as the American revolution; and,

WHEREAS, this year, German-Americans in our state and throughout the country will celebrate their heritage on October 6th; and,

ILLINOIS REGISTER 16898 13 PROCLAMATIONS

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim October 6, 2013 as GERMAN-AMERICAN DAY in Illinois to recognize the heritage of German Americans, who have made significant and valuable contributions to American culture and life since first arriving more than 300 years ago.

Issued by the Governor September 26, 2013 Filed by the Secretary of State October 1, 2013

2013-373 Paul Konerko Day

WHEREAS, Paul Konerko, a Major League Baseball player for the Chicago White Sox, was born on March 5, 1976, in Providence, Rhode Island; and,

WHEREAS, Paul Konerko is a graduate of Chaparral High School, where he demonstrated superior talent as a baseball player and was named the Republic/Phoenix Gazette Player of the Year after leading his team to the Class 5-A baseball championship in 1994; and,

WHEREAS, drafted 13th overall in the 1994 MLB draft by the Los Angeles Dodgers, Paul Konerko made his big league debut on September 8, 1997; and,

WHEREAS, in 1998, Paul Konerko was traded to the Chicago White Sox, a team that he helped propel to the upper echelons of Major League Baseball; and,

WHEREAS, Paul Konerko, a right handed first baseman, played a critical role in the Chicago White Sox sweeping the Houston Astros in the 2005 World Series. In Game 2 of that series, he hit the first grand slam in White Sox World Series history; and,

WHEREAS, on April 25, 2012, Paul Konerko hit his 400th career home run, becoming the 48th player in Major League history to hit 400 home runs; and,

WHEREAS, since 2006, Paul Konerko has served as the Chicago White Sox's team captain; and,

WHEREAS, Paul Konerko's impressive career statistics include 433 home runs, 2296 hits, 1389 RBI, as well as a .281 batting average and .357 on base percentage; and,

WHEREAS, throughout his illustrious MLB career, Paul Konerko has been a 6 time all-star, 6 time player of the month, and 2005 ALCS MVP; and,

WHEREAS, despite his accomplishments as a baseball player, Paul Konerko has remained loyal to the City of Chicago; and,

ILLINOIS REGISTER 16899 13 PROCLAMATIONS

WHEREAS, Paul Konerko was featured in 2006 on the The Golf Channel's "The Big Break All- Star Challenge," which was filmed during the Chicago White Sox's spring training; and,

WHEREAS, perhaps most importantly, Paul Konerko is a loving husband to wife Jennifer and their three beautiful children, Nicholas, Owen, and Amelia; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim September, 28, 2013, as PAUL KONERKO DAY in Illinois, in recognition of his accomplishments as a Major League Baseball player.

Issued by the Governor September 26, 2013 Filed by the Secretary of State October 1, 2013

2013-374 First Responder Appreciation Day

WHEREAS, individuals, both career and volunteer, from police, fire, emergency medical services, search and rescue, dive, and other organizations in the public safety sector, come together as first responders to protect and aid the public in the event of an emergency; and,

WHEREAS, everyday first responders risk their own safety and personal property in the performance of their duties to protect our citizens; and,

WHEREAS, first responders are our first, best defense against all emergencies that may threaten our communities, whatever their nature; and,

WHEREAS, first responders are ready to aid the people of Illinois 24 hours a day, seven days a week; and,

WHEREAS, first responders are a vital part of every Illinois community who maintain safety and order in times of crisis, and volunteer in our towns and schools; and,

WHEREAS, first responders are highly trained, specialized workers who contribute their excellent skills for the public good and often for no pay; and,

WHEREAS, Illinois is host to over 120,000 first responders, both volunteer and professional; and,

THEREFORE, I, Pat Quinn, Governor of the State of Illinois, do hereby proclaim September, 27, 2013, as FIRST RESPONDER APPRECIATION DAY in Illinois, and salute all first responders who have given their service to our state.

ILLINOIS REGISTER 16900 13 PROCLAMATIONS

Issued by the Governor September 27, 2013 Filed by the Secretary of State October 1, 2013

ILLINOIS ADMINISTRATIVE CODE Issue Index - With Effective Dates Rules acted upon in Volume 37, Issue 42 are listed in the Issues Index by Title number, Part number, Volume and Issue. Inquiries about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18.

PROPOSED RULES 80 - 310 ...... 16048 14 - 520 ...... 16171 14 - 524 ...... 16237 32 - 360 ...... 16246 89 - 10 ...... 16300 89 - 121 ...... 16302 77 - 527 ...... 16304 74 - 800 ...... 16310 95 - 101 ...... 16325 95 - 101 ...... 16332 95 - 104 ...... 16339 95 - 104 ...... 16350 95 - 125 ...... 16359

ADOPTED RULES 68 - 1255 10/18/2013 ...... 16364 68 - 1275 10/18/2013 ...... 16378 17 - 530 10/3/2013 ...... 16394 17 - 810 10/3/2013 ...... 16426 62 - 2501 10/3/2013 ...... 16524 35 - 620 10/7/2013 ...... 16529 77 - 820 10/4/2013 ...... 16539 23 - 20 10/2/2013 ...... 16664 23 - 21 10/2/2013 ...... 16691 23 - 25 10/2/2013 ...... 16729 23 - 26 10/2/2013 ...... 16759 23 - 27 10/7/2013 ...... 16764 23 - 226 10/2/2013 ...... 16788 23 - 228 10/2/2013 ...... 16803 20 - 1265 10/3/2013 ...... 16834

EMERGENCY RULES 89 - 10 10/1/2013 ...... 16838 89 - 121 10/1/2013 ...... 16845

APPROVAL OF EXPEDITED CORRECTION 35 - 215 1/28/2013 ...... 16858

EXECUTIVE ORDERS AND PROCLAMATIONS 13 - 355 9/17/2013 ...... 16881 13 - 356 9/17/2013 ...... 16881 13 - 357 9/17/2013 ...... 16882 13 - 358 9/17/2013 ...... 16883 13 - 359 9/18/2013 ...... 16884 13 - 360 9/19/2013 ...... 16885 13 - 361 9/19/2013 ...... 16886 13 - 362 9/20/2013 ...... 16887 13 - 363 9/20/2013 ...... 16888 13 - 364 9/20/2013 ...... 16889 13 - 365 9/20/2013 ...... 16890 13 - 366 9/23/2013 ...... 16891 13 - 367 9/23/2013 ...... 16892 13 - 368 9/24/2013 ...... 16893 13 - 369 9/24/2013 ...... 16894 13 - 370 9/24/2013 ...... 16895 13 - 371 9/24/2013 ...... 16896 13 - 372 9/26/2013 ...... 16897 13 - 373 9/26/2013 ...... 16898 13 - 374 9/27/2013 ...... 16899 ORDER FORM

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